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Extracts  from  the  Journals  of  the  General  /IJemhly. 

1st  the  House  of  Commons,  4th  January,  1794. 

YOW\  Committee  appointed  to  inquire  into,  and  report  on,  the  expediency  of  publiihing  the  Private  Laws  of  this 
ihte,  and  the  means  of  obtaining  fuch  a  publication — 
Report,  That  they  think  it  abfoiutely  neceflTary,  that  thefe  laws  fhould  be  collected  and  placed  within  the  reach    of 
every  fodividu.il :  that, they  have  converfed  with  Fra  icois~X.  Martin,  of  \ewbern,  Attorney  at  Law,  who  is  both  able 
and  willing  to  ferve  the  public  in  this  inft.tnce,  and  they  do  recommend  the  following  reiblve — 

Refohed,  that  Francois-X.  Martin,  of  Newiern,  Attorney  at  Law,  be  directed  to  publilh  into  well  bound  volumes 
ihe  Private  AEis  of  the  General  Aflembly,  omitted  in  the  revifal  of  Judge  Iredell  ;  and  that  he  furnifli  the  State,  with 
one  hundred  copies  thereof ;  delivering  one  copy  for  every  court  of  record  in  each  diftricl,  to  the  Clerk  of  each  Superi- 
or Court  in  this  State  and  the  remainder  into  the  Secretary's  cfHce. 

That  the  Secretary  from  time  to  time  do  furnilh  the  faid  F.  X.  Martin  with  the  *opies  of  fuch  laws — And 
That  the  Treafurcr  of  this  State,  pay  to  the  laid  F.  X.  Martin,  when  he  fliall  produce  the  rece;pt«  of  the  laid  Clerls 
and  Secretary  of  State,  at  the  rate  of  three  pounds  for  every  fuch  copy.     All  which  is  fubnvtted. 

J.     I1.AMI  L  T  O  N,    Chairman. 
Re/Jved.  that  the  Houfe  do  concur  with  this  report.  J.     LEIGH,     S.  H.  C 

By  order ;  J.  Hunt,  C.  H.  C. 

In  the  Senate,  7th  January,  1794. 
The  foregoing  report  and  refolution  were  read  andconcurredwuh.  W*     LENOIR,  S.  5i 

By  order,  S.  Haywood,  C  S* 


A' 


COLLECTIO 


OF        THE 


P    R    1    V 


E     A    C    T    S 


OF        THE 


» 


GENERAL    ASSEMBLY 


OF        THE 


STATE  OF  NORTH-CAROLINA, 

FROM    THE    YEAR     ,7i5,     TO     THE    Y  E  A  R     i79o,     INCLUSIVE, 

NOW     IN     FORCE     AND     USE; 


N    E     W    B    E    R    Nt 

F1ANCOI  S-X  A  V  I  E  R     MARTIN. 


1794* 


J[  H  E  Acts  of  the  General  Afiembly,  relating  to  Dilliicts,  Counties,  Town;,  In- 
dividuals, &c.  having,  under  the  directions  of  the  Legiflaturc,  been  omitted  in  the  Publica- 
tion of  the  Honorable  Mr.  Iredell,  the  want  of  copies  of  them  was  foon  felt  :  and  this  evil, 
growing  daily  more  difficult  to  be  cured,  was  at  laft  remedied. 

I  T  was  my  lot  to  be  made  instrumental  thereto.  I  was  directed  by  a  Refolve  of  the 
General  Afiembly,  to  collect  all  thofc  acts,  and  to  publifh  fuch  of  them  as  are  in  force,  and 
.were  omitted  in  the  Judge's  Revifal. 

I  HAVE  aimed  at  the  fulfilment  of  the  intentions  of  the  Legiflature  :  and  pre- 
pared and  printed  this  Collection,  with  ail  the  care  and  attention  I  could  pombly  beftow  on 
the  work,  without  unrcafonably  neglecting  my  other  indifpcnfable  avocations. 

F.    X.   MATsTlH. 
tiewbernt  December  nth,  1794, 


PRIVATE     ACTS. 

II  George  I:    From  the  17th  of  November,  1715,  to  the  19th  of  January,  1715,  O.S* 


Chap.    LI1.     An  Act,  for  appointing  a  Town  in  the  Coun'v  o/Bath,    an  d for  fe  curing  the  Public  L&rary  belon?ini>  t$ 

St.  Thomas^  Par ijb,  in  Pamplico. 
L  \K7HEREAS«  at  the  re(*ueft  of  Mr«  .7«*»  W»»»  Mr.  Joel.  Murtin,  and  others,  a  certain  tradt  or  parcel  of 
YV  land,  purchafedby  them,  lying  on.  the  Old-Town-Creek,  in  Pamplico,  and  containing,  bv  estimation 
fixty  acres,  be  the  fame  more  or  lefs,  being  part  of  a  larger  tra#  then  belonging  to  David  Perkins  but  now  in  the 
poflelTion,  and  of  right  belonging,  to  Col.  Thomas  Gary,  and  divided  from  thence  by  a  line  ot  marked'  trees  from  the 
Old-Towo-Creek,  to  Mr.  Arrow's,  line,  now  alto  the  right  and  pjoflculan  of  the  faid  Cary,  was  incorporated  and 
made  a  townthip,  by  an  aft  of  the  General  Aflembly,  made  and  ratified,  at  the  houfeof  Cawain  John  HeckleSeld  the 
eighth  day  of  March,  Anno  Domini  one  thoufand  feven  hundred  and  five,  with  divers  privileges  and  immunity 
there*,  and  thereby  invefted  in  the  faid  JohnLawfon,  Joel  Martin,  and  Nicholas  Davr,  to  and  for  the  ufes  therein 
mentioned  :  to  promote  therefore  the  iettkraent  of  faid  town,  and  for  fecoring  the  public  librarv  of  St  Thomas'* 
panlh,  in  Pamplico.  °        *  *  tmrnut  » 

II.  Be  it  enacled  by  his  Excellency  the  Palatine,  and  the  re/1  of  the  true  and  ah/blute  Lord  Proprietors  of  the  Province 
a/  Carolina,  byandwthtbe  advice  and  confer*  of  the  reft  of  the  members  of  the  General  Affembly,  „ov  iet  atZhZ 
Rirer,  for  the  North  Eafl ipart  ofthejatd  Province,  and  it  is  hereby  enacled  by  the  authority  of  the  fame  that  he  fa  d 
land  be  and  .us  hereby  henceforward  .nvefted  in  BfcvJW,  Porter,  Mr..  Joel  Martin,  Mr.  ThiZs' Hardin,  ,nd 
Capt.  John  Drmkwter,  or  any  two  of  them,  to  and  for  the  uus  aforefaid,  and  declared,  confirmed,  and  incoVoora 
tedrnto  a  townfh.P,  by  the  name  ot  BaTh-Town  ;  with  all  privileges  and  immunities  hereafter  exprefled    forever 

III.  Piquant  to  which,  xtu  hereby  enailed,  that  convenient  places  and  proportions  of  land  be  laid  out  and  pre*. 
lerved  for  achurch.a  town-houfe  and  a  marketplace  ;  and  that  the  reft  of  the  land  which  is  not  already  Id  our 
two  o"  them.        °Ut  mt°       '  ™  ^^  "    *  Wlth  COnvenient  ftreeis  and  Paff»g!«*  ty  «hc  faid  Ses,  or  any 

•  JT'  *nd(biUfu\ther  em^i^y  dc  authority  aforefaid,  that  every  perfon  whatever,  who  is  defirous  to  be  an 
inhabitant  of  the  faul  town,  mall  have  liberty  to.  take  up  any  lot  or  lots  fo  laid  out  as  aforefaid,  and  no  before  taken 
vp  ;  winch  lot  or  lotithe  commiflioners  aforefaid,  or  any  two  of  them,  are  hereby  directed  rehired  til 
ered,  to  grant,  convey,  and  acknowledge,  to  the  perfon"  fo  taking  up 'the  fame "and  t ffi  £T^' ^'T^ 
ever,  tn  fee-fimPle  upon  payment  of  th.rty  (hillings,  conffderation-money,  for  each  lot ;  out  o»  £  Zv  .hi 
firft  p«rchafersihall  be  re.imhurfed  the  firft  pUf  chafe,  with  their  readable  charges  and  dimuriementrand  h! 
overplus  lhall.be  appropriated  to  the  ufe  of  the  church,  to  be  difpofed.  of  a*  by  the  veftry  of  the  orecS  of  JW  * 
lhall,  from  lime  ro  tune,,  be  directed  and  appointed.  ..«■?«*  y«iry  or  tne  precinCt  of  Beaufort, 

Y.    Provided  always,  that  what  perfon  foever,  mall  take  up,  and.  have  convevedm  him    „„„  u,       i  . 
mentioned,  anqWhalUot  build,  or  caufe  to  be  built  thereon?  ^S^lv\T^?h,£„2tSu^th    r,"  afCre" 
ance,  a  good,  fubftantial,  habitable  houfe,   or  make  fuch  prepar-i^t  far  To  S    Is  he court  S?hf™£»  tSA 
of  any  two  or  more  of  the  Juftices  fhali  judge  readable  tGP  fecure  the  U^^hA^^S^   Z 

vit       y.ji.i/    .,  I" ,    ,     ,      s  irclol«I,  maJl  be  either  paled  in,  or  done  wkh  Dofts  and  nils, 

therefore     h« the  fame  l\j y  t"  YJ  g  ^l  the  fr°ntS  °f  the  !ot»'  comra'V  to  *«  a"'«°"<y  granted  them  • 


£it  AJre-furvey  be  watte  of  the  aforelnu!  t&^\kr^Wjnde£'6tihe.uma\ilUtMrS  a/or«-m«ntloned  >  ami  inst  ea«fc 
d  every-perfon  holding  lands  or  lots  in  the  town  aforelaid,  ftiall  have  no  more  in  their  lots  than  juft  half  an  acre, 
ptirfuant  to  the  firft  intention  and  defign  of  fettling-the  aforefaid  tpwn  ;  (till referring  to  the  owners  or  pofleflbrs]' oTF 
all  lots  in  the  aforefaid  to^'n,  the  land  lying  beforqthe  front  of  their  lots,  upon  payB^ent  of  tdp  /hillings- for  every 
front,  to  the  Commiflioners  in  this  act  appointed  ;« who  are  hereby  authorifed  and  required,  te^grant,  feal,  and  der). 
V*&r  tteeds  of  fale  for  the  fame. 

■IX.  Provided  always,  that  the  principal  ftreets  in  the  faid  town  fhal!  be  one  hundred  feet  wide  at  leaf!  ;  and 
that  no  perfon  (hall  build  or  ereft  any  edifice,  houfe,  or  building,  00  the  lands  before  »he  fronts,  other  than  cellars  or 
vaults,  whofe  covering  fhall  not  be  above  ten  feet  above  the  groiuicj,  that  the  prpfpeft  of  fuch  as  build  in  the  faid 
town  may  not  be  incommoded  or  hindred. „  .... —' '■  ' '    

X,XI,  XII;  and  XII f,   Olfokic. 

XIV.  /^nd  whereas  divers  peifgiispofleffed  of  lots  in  the  faid  to\vn  do  negledt  clearing  the  fame,  and  others  do 
permit  fnchas  have  been  cleared  ro  >row  up  with  brulh  and  under-wood,  to  the  great  annoyance  of  the.  inhabitants, 
of  the  faid  town  :  Be  it  enacjed,  by  tbe  authority  aforefaid,  that  all  perfons,  pcfieflbri  or  ownerVof  lots  in  the  faicj  (tOwn|* 
mall,  and  they  are  hereby  obliged^  within  one  month  after  the  ratificaton'of  this  aft,  to  clear  all  fuch  lots  fo  held  or 
pofl'efled  by  them,  from  all  iranaer  of  wood,  under- wood,  bruin,  or  gr»bs,  that  are,  or  may  be  offenfive  [o  the  inha-' 
bitants  of  the  laid  town,  and  fkall  fo  keep  trjp  fame,  from  time  to  time,  and  at  all  times  hereafter,  as  ofipn  as  need 
fhaH  require  ;  under  the  feveral  penalties  and  forfeitures  hereafter  in  this  aft  provided. 

*  XV.  And  he  it  further  enacled,  by  (he  authority  aforefaid,  that  alj  and  every  proprietor  owner  and  pqfleflbr,  of  any 
Jot  or  lots  in  the  (aid  town,  who  fliail  omit  to  clear  the  fame  within  the  time  beJore  limited,  (hall  be  liable  and  obliged 
to  pay  the  full  value  of  the  charge  of  clearing  the  faiqjots,  .to,  the  tiullees*  or  commillionerJ  aforefaid,  who  are 
hereby  appointed,  authoriled,  and  impowered,  to  caufe  all  fuch  lots  tii be  cleared  as  Iha'd,  after  the  time  belore  li- 
nrited,  lie  uncleared  and  neglefted  ;  the  value  of  which  work  fliall  be  adjudged  by  two  freehplders,  inhabitants  of 
the  faid  town  .(being  ilrft  fworn  before  fome  Magiftrate)  and  fliall  be  recoverable  in  any  court  ©t  record  within  this, 
government,  or  before  Jultices  of  the  Peace,  if  under  the  Turn  of  forty  (hillings,  as  in  the  aft  fcr  J'mall  and  mean 
caufes  is  provided,   by   bill,   plaint,  or  information  ;  wherein  no  efloin,     protection,  injunction,  or  wager    of  lay/, 

(liall  be  allowed  or  admitted  of.     7 he  reft  ObfoUte.     See  1 729,  J  ;    J745, '  I  f  }'  1785,  45. 

.■-.-■  ■,  i  •       \       ■ 

„j  ■         ■  ■." ' ' '  ■   '_  '.  ;  -      ■.'  ".  |-1-.  '  1     ■  !'*  .   ■•'■'  ,'■ — "   '   L  ■  *"   "  ;■:!'         '     -  ' 

Chap.    LXIV.     An  aft  impowering  Johanna  Pejerfon,  -widow  f/Thpmas  Peterfon,  late  of   Albemarle  county,  .E^ 

to  make  fah  of  certain  lands,  late  belonging  to  the  /aid  Thomas  Peterfon  ;  ana  to  make   other  provr/ion  fir   Anna,    the 

daughter  if  the  /hid  Thomas  Peterfon,  to  -whom  the  faid  lands  do  defcend. 
I.      VT7HErlEAS  Thonids  Peter/oh,  late  of  Albemarle  county,  Elq  ;  died  leized  and  pofl'efled  in  his  demefne,  of  fee, 

VV  of,  in,  and  tp  a  certain  plantarian  or  ti  aft  of  land,  4yin:>  in  the  fork  of  Queen- Anne's  creek,  in  Chowaa  . 
poechift,  containing  by  eftimation  four  hundred  acres,  be  the  farne  more  or  lefs,  butted  and  bounding  to  the  enft- 
ward  pn. the  town  land,  and  to  the :  Weltward  on  Skcom'b's  creek  :  and  alfo  of,  in,  and  to,  one  half  acre  or  lot  of  land 
in  Bath  town,  butting  and  bounding  to  the  fouthward  on  the  lot  of  Col.  Chtijiophcr  Cale,  and  to  the  northward  on 
one  of  the  crols  ttreets  ;  which  faid  plantation  ahd  'ot  of  lard  dodefeend  Slnto  Anna,  an  infant,  the  daughter  of  ihe  ^ 
faid  Thomas  t  andwhefeas  Johanna  the  mother  of  the  laid  Anna,  bv.liej  petition  preferred  to 'his  aflemblv,  is  \ery 
willing,  tor  the  advancement  of  the  laid  Annus  portion,  to  relincjuilh  her  right  of  dower  of,  in,  and  to  tie  faid  lands 
art  J  lot,  provided  that  the  larre  lands  and  lot  may  be  fold,  to  and  for  the  ul'e,  benefir,  and  intereft  of  the  faid  Anna, 
the  faid  lands  and  lot  now  having  cjonlulerable  imgrpyip-.pn.ts  therepn,  which  makes  them  valuable,  which  otherwife 
will  be  very  much  impaired  snd  ruined  before  the  [:\\\A>.iu  /hall  come  ot  a^e  :  wherefore 


ing  in  the  fcrk  of  Queen  Anne's  creek,  in  Chowan  pipcinc.:,  containing  by  eflitr&tion  ftiaf  hundred  acres,  be  the  lame 
more  or  lefs,  butting  and  bounding  ;o  the  eaft'yvaru  on  the  town  land,  and  to  the  weftward  on  Shcc'mb's  creek  ;  alfo. 
one  half  acre  or  lot  of  land  in  Bath\o\\r,  butting  and  bounding  to  the  foijthward  on  the  lot  of  Col.  Chri/lopher  C«firi 
and  to  the  northward  on  one  of  the  rrol's  ftreets  ;  or  any  part  or  parcel  of  the  fame,  to  any  perlou  er 'perfons  that  Hiaj 

V.A..i»7llIi«rr    fn    ir'tl'f*  mi^ft  m^iipM    fryn    tfi*.    limp    .      m  1. -,!»<»   nn/i    rn    ti/^t/1    r\-\r>    fj\1lf>    tt^    flt#?lnj    Illirrhatfr     Ok'      PIlrPn-ltfTC  hlc      i\  — 


tafcion,  ortraft  oflaud,  and  lor,  oi'-'airy  part  of  the  lame,  the  faid  Anna  fliall  ftand  and  be  feizedin  her  demefne,  as  of 
fee,  of,  in  ant!  toone  certain  plantation  or  tract  of  .hud,  whereof  the  laid  Johtnna.h  and  now  (hands  fciztd  and  pofltflicj 
of,  in  Pcryuimins  piecinft,  containing  by  efbmation  one  hundred  and  feveiiiy 'acre's,  be  the  fame  more  or  lels,  litu- 
ate,  lying,  and  being,  on  CJI/rWthr's  or  Inker's  creek,  butting  and  bounding  on  r.ie  lands  of  Inliana  Lakers  ard  Rid;. 
*\/l  Skinner  ;  to  have  and  to  hold  the  fame  plantation  or  tractof  land,  to  her  the  faid  Anna,  her  heirs  and  afligns,  in 
fM-fimple  >  with  coifdiiion,  that  if  the  faid  Johanna  do  pay  tive  monies  ariling  by  Inch  lale  to  ihs  Ui<i  Anna,  at  im\ 
,J»  ' 


i 

T>pon  tier  arrival  to  the  age  of  eighteen  y«ars,  or  Jay  of  marriage ,  or  oiber.wlfe    appropriate   the   monies  aflfi'ngj^, 
the  fale  of  the  aforel'aid  plantation  or  tract  of  land  at  the  fork  of  Queen  Anne'i. creek,  and  lot  aforefaid,  by  purch^(m>  . 
young  female  flaves  for  the  ulejof  the  faid  Anna  ;  then  the  aforelaid  eitate  of  the  laid  Anna,  of,  in,  and  to  the  afore* 
mentioned  plantation  or  tract  of  land  in  Ferqulmons  precinct,  to  be  invalid,  and  of  no  force  or  etfkL 


Chap.  LXV.     An  aft  confirming  the  titles  of fundry  perfons  v.  ho  have,  or  hereafter  may,  fur  chafe  lands  of Cc/.Thc<  , 

mas  Cary,  in  Bath  county*  ,  „ 

I,  CT  7HEREAS  Col.  Thomas  Cary  taking  up  and  purchaiing  divers  lands  and  plantations  in  Bath  county,  th ' 
VV  deeds  or  patents  parted  for  the  fame  have  been  taken  in  the  name  of  John  Cary,  an  infant,  ion  of  the  fai  \ 
Thomas,  although  the  purchafe  money,  or  confideration  paid  for  the  fame,  was  actually  and  benafide  the  monies  < 
the  fold  Thomas,  and  by.  him,  the  faid  Thomas,  paid  :  and  whereas  the  faid  Thomas  Cary  having  bargained,  lol  I 
aliened,  and  transferred  unto  divers  perfons,  and  their  heirs,  feveral  trafts  or  parcels  e>f  land,  in  Bath  county  a 
fdfefaid,  and  is  intended  to  bargain,  fell,  and  transfer  the  remaining  part  of  the  aforefaid  lands  in  Bath  county: 
wherefore,  for  avoiding  difputes  that  may  hereafter  arife  concerning  the  aforefaid  title,  taken  in  the  aforefaid  John 
Cary's  name,  and  for  eaiing  and  quieting  the  minds  of  filch  perfons  as  have  purchafed  the  fame,  or  may  hereafter 
purchafe  from  the  faid  Thomas  Cary,  and  purfuant  to  the  petition  of  the  laid  Thomas  Cary. 

II.      Be  it  exaftedby  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  abfblute  Lord  Proprietors  of  the  Province 
of  Carolina,  by  andioith  the  advice  and[c»nfer.t  of  the  rtf}  tffhe  members  of. tiff  General  Alftmbly,  wjj  met  at  Utile  River, 
for  r/«  North  JE'alt  part  of the  faid  province,  and it  is  hereby  end tied,  by  the  authority  of the  fame,   that  all  and    fmgul.ir    , 
the  bargains,  fales,  alienations,  and  conveyances,  already  m^de  and  parted,  or  hereafter  to  be  made   and    pafled,    by    , 
the  faid  Thomas  Cary,  unto  any  perfon  or  ps/fons   whatfoever,  their  heirs    and  ttffigns,  of,  in,  and  to  any    of  the 
larkls,    tenements,    and    plantations,  in  Bath  county,  which  lately  were,  or  how  are,  in  the  pcjieflioii  oroccupation 
of  the  faid  Thomas    Cary,    and  for  which  deeds  or  conveyances  have  been  made  and  paffed  to  and  for  the'  ufe   of  thej  , 
faid  John  Cary,  an    infanr,  fon  of  the  faid  Thomas  Cary,  or  in  the  nams  pf  the  faid  John,   (hall  (land,  be,  and  for  evefj 
remain,  < 'firm  and  available;  in  law  and  equity,  to  fuch  purchafer  or  purelwfers,    their  heirs  andaffigns,    having,  or 
hereafter  to  have,  from  the  faid  Thomas  Cary,  any  bargains,  fales,  alienations,  or   conveyances   for  the  fame  ;  .and  fc 
a.iv  Inch  deeds  of  fale,  conveyance,  or  alienation  formerly  made  in  the  {'aid  J.oh.n    Cary't    name,  or  to  or  for  his   vfi  fc 

anil  behoof,  notwithstanding. 

'  .  ■  ■  5*  ,    fo  • 

— - ■ - ^nt ■ — .  .  .  .. — l>-  •■>*'■■  * 

•VI  George  I.     From  the  2d.  to  <he  20th  of  Augaft,  1720,  O.  S. 

<       ■  '  j.  o      1      /  nit  m  * 

je— 1 1— : — ■    \  .i — r— — ' ; 'f  »h: 

CHAr.  VI.     An  Aft,  to  c«nfi>m  a  decree  made  in  the  Court  of  Chancery  of  this  province,   upon  a  Mill  of  complaint  eXhfyiX 

ted  Ay 'William  Duckenfield,  Efq. 

$,      V7  7HEREAS  at  t  court  of  chancery,   held  the  eleventh  day  of  May,  one  thoufand  feven   hundred    and   tliirl 

,    V  V    teen,  upon  the  complaint  of  Wittiam  Duckenfield,  Elcj  ;  a  decree  was  pafled  in  thefe  words,  viz.        !i  v-'-'c 

NoKTH-CaUOLINA,    fl*. 

£t  a  Court  of  Chancery  held  at  jhe  houfe  of  Capt.  Thomas  Lee,  in  Chowan  Precittcl,  on  Monday,  May  the  1 1  thf  Anr.t 

Domini  171  j. 

PRESENT,' 

The  Honourable  Thomas  Pollock,  Efq.  President, 

C      Thomas  Boyd,   ,         *\  r      j    o        •..■■'• 

V.       irii-       of  /  .Lords  Proprietor* 

The  Honourable  <  r,  '  " ~  ,   ■  '  >  Efqrs* 

•   •■  1  Chr.    Gale,  t         *  t-»       .• 

/  o-i-      v  ■  1,  \  Deputies. 

r  Tobias  Kmght,  J  l 

'  Upon   read'ui*  the  bill  of  complaint  of  iniliam  DucfyenfieUt,  of  the  precinct  of  Choysan,  Efq.   this    -day,    therein' 
'   letting  forth»  that  he,  the  izid  H'rilLm  Duckenfield,  about  fixteen  year*  laftpaft,  was,  and  yet  is,  lawfully    feiz»d, 

*  in  his  demelne,  as  of  fee,  of  ar.d  in  one  lar^e  .'tract  or  parcel  of  land,  in  the  precir,£taforefaid,  containing'  hy  telH'-,:i3 
'  mation  four  thoularkl  acres,  bounding  on  Albehihrle  Toiind  eafhvard  and  on  Salmon  creek  v.  ie  ft  ward,  ''and  t>efiij£''" 
'  thereof  fo  feized,  one  John  Ardernc,  Efq.  coming  into  tfiis,  government,  and  being  fonie-thiug  related'to  hifti  itfe!  P* 
,'  faitl  Dm kenfie-l J,  hy  internjarriage,   and   the   faid  John  Ardtrne  being  in  low  ci  return  ft  antes,  and  not  in  poflefliou   of 

'  any  viflble-eftate,  he. the  faid  Duckenfield,  the  better  to  give  cre,d.it  and  reputation  10  him  the  laid  /frderne,  and  to 
'  p;4t  him  in  pofielliuii  if  a -vilible  eftatej  thereby  to  advance  himfeif,  upon  tfpecial  tnift  ai.d  coi  fidence  which  he 
«  lh<  n  repofed  fecretly  in  the  laid  Arderne,  by  his.deed,  fufticient  in  tlis  law,  hearing ,date  the  thirty  firft  day  of /«» 
»  ly  Anno  ~>omini  1702,  did  grant,  bargain,'  and  fell,  unto  the  faiay^r<n,/-»<",  the  aforefaid  trscl  or  _£aiie| lot  land  .. 
<  (onrainingi  lour  tngnland  acres  ;  to  have  and  to  hold- the  fame  nnto  MttTthe  lv3 ■Arderne,  his  heirs  and  afligns, 
'  fur  ever:   vihlch  fiid  eh  ed  mentions, ,  that,  the  f.i;ne  was  for  ami  in  confideration  of  the  luin  of  t«  ©  ■  Kircirrd  |  ^uudi     • 

*  in  h  md  paid,    «he;iin    truili    the 'fa, el  two  hundred    pounds   was    not  paid,   nor  am   pi|-t  or  prcet  'there  o»     n>  "■.Inl 
i  fended  lyuepa.d,  nor  indeed  could  the  faid  Ardernc  pretend  to  pay  thefcflie  )  but  KM  Uu4  w.i\i  Via^  pulivti  fu  ri«. 


4  ' 

*  other  reafon  than  what  Is  above  alledged  :  and  further,  that  the  faid  deed  was  not  only  meant  and  intended  tobe  in  rroft^ 

*  to  the  ule  of  him  thefaid  Duckenfield,  Efq.  but,  at  the  above  time  of  making  thereof,  it  was  fo  declared  and  cxpreflfed, 

*  as  wel]  by  the  {^Duckenfield,  as  by  the  laid  Arderne,  in  prefence  and  hearing  of  divers  witneffes,    and  not  to.  th« 
■*  ufe  of  the  faid  Arderne,  other  that  in  cafe  the  laid  Arderne  thould  out  live  hini,  6c.     And  further,    that  the  faid 

John  Arderne  did,  as  well  at  the  figning  the  faid  deed  as.  at  divers  times  fince,    declare    to,  divers  perfons,  that  he 

*  d:d  not  pay  the  two  hundred  pounds,  and  that  the  lame  deed  was  pafled   to  him   for  no  other  ufe,  inten*,  or  truft 
whatsoever,  tl ian  fiat  the  fame  mould  ablblutely  return  to  liim  the  faid  Duckenfield^  in  cafe  lie  mould  out. live  the 

*  laia  Arderne  ;    and  alfo,    that  the   faid  Arderne,    willing  to  make  known  to  the  world  the  many  and    uncommon' 

*  favours  which  he  had  received  from   hiui   the   laid  Duckenfield,  by  his  laft  will  and  teftameut,  in  writing,,  bearing 
'  *'  date  the  aad  'day  of  Oclober,   1707,  doth  make  ample  mention  of  the  fame,  and  that  his  intention  was,  to  give  all  hi* 

*  eftaxe,,  both  real  and  perfonal,  that  he  was  poflefl'ed  of,  or  mould  have  I'ght  to,  to.hiia,  which he  confirms  by  di« 

*  vers  a ffever.itions  in  the  laid  will  mentioned,  as  by  the  fame  will  and    may  appear   •    not  withstanding  which,    di- 

*  versiperfonfi,  injurioufty  defigning  to  bring  in  queftion  his  the  faid  Duckenfieldy%  title  to  the   aforefaid    four   thour 

*  fand  a«xes  of  land,  although  he  was  never  out  of  pofleflion  thereof,  do  giveout»  that  th&  fee  ample  of  thefaid  la.tid 

*  is  not  i  n  bum,  but  in  the  heirs  cf  the  fad  John  Arderne,     and  the   truft  repofed  by  him  the   laid,  William  Ducken. 

*  field  :    and  forasmuch  as  the  laid  deed,  in  writing,  is  abfolutely  without  any  ufe  declared  or  axprefTed.  therein,    and 

*  withw  it  any  truft  in  the  fame  mentione!,  and  that  the  aforefaid  will  of  the  faid  John  Ar.derne  doth    not    make    ex- 

*  prefsr  nention,  that  the  fame  tour  thauland  acres,    commonly  known  by  the  name  ct  Salmon  creik,     were  gven* 
4  devifr  d,  and  bequeathed,  unto  him  the  faid  Duckenfield,  and  his  heirs,  for  lack  and  want  of  Isnpwledge  in  the  law 

*  pfjhe    faidjj/w  Arderne,  how  to  ufe  apt  and  exprefs  word's  for-  thegranting  and  conveying  the  fam»  hack  again  to 

*  hiiri,    purfuant  to  the  truft  repofed  in  the  faid  John  Ardtrne%  although  the  intent  and  meaning  of  the  kid.   Arderne 

*  fo  to     do  may  be  fufficienvly  proved  and  obfcrvqdi  and  the  faid  John  Arderne  being  now  dead,,  who  could,  make 

*  appe  ar  that  the  allegations  ill  th's  bill  of  complaint  are  tsue  and  certain,  and  divers  evidences  or  witnefles,    as  well 

*  to  tr  le  faid  deed, who  could  prove  the  aforefaid  ufe  or  truft  declared,   and.  divers  other    witnefles   wnic,h;  he  could 

*  hav« ;  poduced  to  prove  the  fame,  arc  fome  dead,  others  removed  to  parts  unknown,  fotne  aged  andimpotenr,    and. 
«  liv.ii  ig  far  otf,  and  not  able  to  tvavel  to  this-  court,  and;  others  being  trahfienf  perfons,  6cvdo-,  therefore  pray,  that  a 

*  cor  rrmiflion  may  be  iflued  out  this  ef  court,  directed  to  fucb  perfons  as  may  be  thought  fitting,  to  examine  fuch  wit- 

*  rtf.fles,  in  perpetuam  ret  tnemoriam,  as  lhall  be  produced  by  him  the   faid  Duckenfield,  for  the  proof  of  the  aforefaid 
■  *  u.fe  or  truft,  6c.  or  alfo  that  by    the  decree  of  this  court,  he  may  be  relieved  in  the  premifes,  and  the  fee-fiinpl© 

*  of  the  aforefaid  land  be  adjudged  and  decreed  to  him,.  6c.     And  upon  reading  the  feveral  depositions  taken  by  vir- 
-  *  tue  of  the  aforefaid  corrwniluon  out  of  thi*.  court,  as  alfo  the  will  the  i  iid  John  Arderne,    and  upon   due  and   ma* 

*  ture  consideration  thereon,  this  court  are  of  opinion,  that  thefaid  deed  mentioned    i  11  the  laid  bill  was  made   onl|! 
~4  in  truft,  and  that  no  confidpration  was  tver  paid,  and  fatistied,  or  intended  to  be  paid  or  latisfied,  for  the  fame  ; 

*  and  iris  the  opinion  of  this,  cotjrt  likewile  that  thefaid  John  Arderne'%    intent  and  delign,  by  his    laft   will  and 
-•  teftajnent,  was  to  give  and.bequeatb  toe  fame  lands  back  again  to, him.  the  faid  William.Duckenfield,  and  his  heir* 

*  for  ever,  although  exprefs  mention  thereof  be  not  made  therein.. 

f  WHEREUPON  this  Court  do  declare,  adjudgej  order  and  decree,  that  the  aforefaid  deed  be  nul  and  void,, 
•*  and  that  the  aforefaid  four  thoufand  acres  of  land  do  revert,  come,  and  remain  unto  the  faid  IVillum Duckenfield \ 
**  Elq.    and  to  his  heirs,  and  *flign?,  for  everk  without  the  leaft   lett,  moleftation,  or    hindrance   of  any  perfon  or 

*  perfons,    claiming  from,  by,  or  under  the    aforefaid   John  Arderne,   or,    bis.  heirs,  executors,  adminiftratury  or 

*  afligns,  or  any  from, or  under- them,,  or  either  qf  them.' 

Ordered,  decreed,  and  entered,  by  us,  and  our  order,  the 
above-fajd  nth  day  of  May,  Anno  Domini  1713. 
"Which  decree,  upon  the  prayer,*,  of  the  faid  William  Duckenfield,  havingbeeu  carefully  and  duly  conlidered   by  thi* 
JUTembly  ; 

II.  BE  it  tnaeled  by  bis  Excellency  tie  Palatine,  andthe'refl  of  the  true- and  ablolute  Lord  Proprietors  of  the  Province 
cf  Carolina,  by  and -with  the  advice  and '  confenfofthe  rejl  of  the  members  cfthe  General  AJfemblj,  now  met  at  the  general 
€Ourt-houfe,  at  Queen  Anne'/  creek,  in  Chowan  preancl,  for  the  IVorth  Eaft  Bart  of  the  faid  province t  and  it  it 
hereby  tnad'edby  the  authority  of  the  fame,  that  the  decree,  upon  the  bill  of  complaint  oiWilliam  Duckenjield,  Efq.  re- 
nted, pafled,  and  inrolled  in  the  court  of  chancery,  the  eleventh  day  of  May,  one  thoufand  feven  hundred  and  thir- 
teen, and  every  part  and  parcel^  article  andclaufe  therein  contained,  (hall  be  and  remain  firm  and  available  in  law  and. 
•quity,  to  all  intents  and  purpofes  whatever  contained  therein,  without  being  liable  to  any  bill  of  reverie,  or  other 
procefj  whatever  to  reverfe  and  annul  the  fame. 


,.. 

■III.                                                                     ■!      .      I.                                            ! ..     ■■!■     ...       1.               -            .         I «- 

IX  George  L     The  23d  of  November,  1723.  O,  S. 

■■*. 

•  Chap.  XIII.     An  Ait  for  the  ketter fettling  the  town  of  Newbern,  in  the  precinel  o/Crav^n. 
HER.EAS  a  certain  plot  ot  ground,  being  part  of  a  trad  of  land',    lying  in  the  fork  of  A'  cufe  river,  late  be. 
longingjLQ  the  Hjjnourabk  ColWiisl  Thtmat  Pillock,  decealedj  but  now  the  property  of  Mo  CulUn  PoJlock,. 


5 

T>/as  formerly  laid  out  into  a   tiwmli'p  by  the  name  oF  V.  .>','  -\  with  prober  :'"  <  meats  ?  "  a  church,  eotift-hqufe  and 
market-place  ;    a,  by  aplotor  draught,    upon  record  Pfcecin-It  Court,  will  tnorc  plainly 

appear  :   'f  hsrefeffe,  for  the  advancement  of  the  faid  u:  -. 

I-      Bettehacl.ed,    .';  2  .  ;.;y  .J'v  iMatjiie,  and  the  ref}  of  t' e  tin*  p.     '  :--s    of  tfie  Pro- 

e  members  of  toe  General  .  5-u  raeidt  Edert- 

to:.   _;>/•  the  Nqr.Hi  if  ;;lp.;n'  j/  i,. .and  it h  IxrebyenaSieds  by  the  authority    of  the   fume,    that    ; he  faid 

1  .  jd,  as  it  is  already  laid  oJt  by  the  faid  draught,  together  with  as  much  otacr  last!  lying  contiguous  and  inpft'  conve- 
nient to  the  faid  town,  to  co.npleat  n  r.oNiHkfhip,  as  ihfl  make  the  whole  two  Hundred  and  fifty  teres,  reieivTnV  to 
the  owners  thereof  the  property  of  inch  lots  as  ar?  fold  .drea  ly  by  ^".Ulam  Hancock,  attorney  of  die  f.iitl  Cot.  Thornai 
Pollock,  is  hereby  a  id  henceforward  inverted  in  Mr.  Ciller.  Pbtkc&j  Mr.  WUli&n  Hantdcki,  Jtrni  a:; J  Rich'a'rf  Cr.rccs  of  , 
any  of  them,  !rr  the  ufe  sforeLiJ,  declared,  confirmed,  and  incorporated  into  a  townihip,  by  rhe  narne  of  Wewb'erh  ; 
w.th  all  priviledges  which  ever  have  belonged  to  the  faid  town,  oy  (hail  hereafter  be  exprefied,  for  ever. 

ill.  Ptirfuant  to  which,  /.'  7s  hereby  etufted by  the  authority  afsrefaid,  that  tiie  place^  already  Ian!  out  for  a  church- 
court-  houfe  and  market  place,  be  referved  for  thofe  ufi?s  •  and  that  the  reff  of  the  land  not  already  laid  cut  he  forth. 
with  laid  out  into  lots  of  liajf  an  acre  each,  with  convenient  itreets  and  ptiffages,  with  ironts  belonging  to  the  laid 
lots,  by  the  faid  trultees,  or  any  of  them,       §  4,  5,    6,   S,  and  0,  provided  J  or  by    i;j6,   12. 

VII..  Ar.  lb?  it  farther  eiiacJed  by  the  authority  atoretaid,  That  if  any  perfon  or  perfofts  mail  dTepoffeffed  of  any  of 
the  faid  lot  or  lots,  without  leaving  heirs,  or  without  making  of  a  will  of  the  fatd  lot  or  lots,  that  then,  and  in  /ugh, 
cafe,  the  abfu'ute  fee  (hall  come  and  revert  unto  the  faid  Culled  Pollock,  his  heirs  and  a'ffigns,  forever  :  notwlthftandiirr 
any  thing  contained  in  an  aft,  intituled,  An  ad  concerning  ej'cheat  lands  and  efcheators",  or  uiy  other  law,  culbom,  o? 
ufage,  to  the  contrary.  *A'.  C.  L,   1715)  30,   16. 

Ill  George  II.    The  2,7th  of  November,  1729.     O.  S. 

, — „ — , — , __  _ , — . 1 — — . . .in,- 


Chap.  II.     Jn  acT-fUr  tie  more  quiet  fettling  the  bounds  of  ike  Meherrin  Indians  lands. 
I;   ^T  7HER.EA3  complaint  is  made  by  the  Meherrin  Indians,  that  the  ErgPJb people  difturb  cht'm  in  their  fettlements, 
\  V    by  coming  to  inhabit  and.  tend  corn  among  them  ;    and  alio,  thai  tftterr  bounds  allow  ed  by  order  of   council 
dated  OH , her  the  twenty  fixth,  one  rhoutand  feven  hundred  and  twenty  lis,  did  r.ot  extend  high  enough  up  from   the 
fork  of  Me  herrin  Neck:  for  remedy  whereof, 

II.  Be  it  entitled,  by  his  Excellency  the  Palatine,  and  the  red  of  the  true  end  abfolute  Lords  Proprietors  of  Carolina, 
ly  and  with  the  advice  and  cvifent  of  the  reft  of  the  members  of  the  General  Xffembly ,naw  me:  at  Edentoh,  /or  'the  North 
Eaft/ur/  of  tbe-fati  PrrSmce,  and  by  the  authority  of  th;  fame,  th.it  the  laid  order  of  council  be  vaca'.ed,  and  that  the 
Indian  bounds  atid  limits  Ihall  be  extended  as  fokoweth,  viz.  beginning  :r.t  the  mouth  ot 'Meherrin  river,  and  fo  up  the 
river  to  the  noutn  of  Horfe  P allure  creek  formerly  called  Indian  creek  ;  then  by  the  faid  creek  up  to  the  fork  of  it  • 
then  by  the  North  Eaft  branch  thereof  to  the  head  of  the  fame  ;  then  by  a  ftrafght  line  acrols  to  Chowan  river,  by 
the  upper  line  of  Mulberry  old  field  furvey,  to  Samuel  Poyers's  land  s  ;  then  along  the  various  ccurfes  cf  the  river  to 
the  firfl  flation. 

III.  And  be  it  a'fo  enacled,  by  the  authority  afcrcfaid,  that  all  Bigiijh  people,  or  any  other,  living  in  the  faid  bounds, 
mail  move  off,  and  that  no  perfon  but  the  faid  Indians  mall  inhabit  or  cultivate  any  lands  within  the  limits  aforefaid 
while  the  laid  J n di t:n r  vsmam  a  nation,  and  live  thereon  :  and  if  any  perfon  fhal!  offend  againft  this  act,  en  complaint 
made  to  Mr.  John  Boude,  who  is  hereby  appointed  a  commiliioner  for  the  faid  Indlcu-s,  helhall  grant  his  warrant  to  the 
confhble,  requiring  him  with  aid  (if  need  be)  toremove  filch  perfoti,  at  or  before  the  twenty  fifth  of  December  next 
enluing;  and  any  perfon  refilling  to  remove, .  fliall  be  brought  before  the  laid  con-mih'ioner,  a  nd  upon  his  conviction  of 
the  fame,  I  hail  foifeit,  for  the  firft  offence,  five  pounds  :  and  if  he  ftill  perliftj  and  refufe  to  20  off  from  the  faid  lands 
after  warning  from  the  rommiiuoner,  or  by  his  order,  for  the  fecond  offence  fliall  forfeit  the  fum  of  ten  pounds,  and' 
for  the  third  time  of  his  fo  offending  lhall  forfeit  twenty  pounds,  and  two  months  imprifonment,  and  give  feairiiy 
for  his  or  their  good  behaviour  :  to  be  recovered  by  bill,  plaint,  or  information,  in  any  court  of  record  in  this  govern- 
ment ;  wherein  no  effoin,   pr •'•tecYion,  or  wager  of  law,  mail  be  allowed  or  admitted  of. 

IV.  ji-td 'belt  further  enacled,  by  the  authority  aforefaid,  that  the  faid  commiffioner  is  herebv  inipowered  and  or- 
dered  to  re  inflate  and  fettle  the  faid  Indians,  in  ;;h';ng  them  peaceable  poffeffor.  cf  the  faid  lands,  and  to  turn  off 
any  other  per.'on  or  perfons  inhabiting  within  the  faid  bounds,  unlefs  filth  perfon  have  fpecial  leave  from  the  Gover- 
nor and  council,  for  continuing  thereon  ;  provided  that  this  afl  fliall  not  invert  the  fee-fimple  of  the  laid  lands  in  the 
Jndiais,  but  fuch  as  have  p  ueut;  for  the  fa  11 ;,  or  any  pare  thereof,  their  title  fliall  be  good  and  valid  j  neither  mail- 
the  faid  Indians  have  liberty  or  leave  to  rent,  fell,  or  any  ways  difpofe  of  the  faid  lands. 


Chap.  VII.     J!n  a£l  to  confirm  Bath  town  common. 
1k     W    uKE^  3  traft  °f  hml'  adJ2Cent  t0  Ba!h  town>  was  granted  and  furveyed   for  a  common,  for  the  ufe   of 
1  .V    the.  faid  town,  and  is  bounded  as  followed!,  viz.  beginning  at  3  marked  pine  at  the  e*ft  branch  cf  the    q\w 

£ 


6 

MWn  etttk,  running  Uf>  captain  tt&rrkfars  line  to  a  bound  cak,  weft  eight  degrees  north,  two  hundred  pole  ;  thence  to  s 
Marked  pine  at  David  Perlins's  corner,  north  eitht  degrees  eatt,  one  hundred  and  three  pole  ;  thence  to  a  hickory  at 
the  branch,  north  ten  degrees  eait,  one  hundred  and  fevenry  two  poles  ;  thence  down  the  windings  of  the  branch  and 
creek  to  the  fir  ft  ftation  ;  which  laid  land  contains  one  hundred  and  forty  five  acres,  but  the  title  thereof  hath  never 
been  fully  confirmed  : 

II-  Be  it  then-fore  entitled  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  abfolute  Lords  Proprietors  of  the 
Province  of  Carolina,  by  and  -with  the  advice  and  confent  of  the  rejt  of  the  members  of  this  General  Biennial  Affembly,  now 
met  at  Edenton,  for  the  North  Lalt  part  of  the  faid  Province,  and  it  is  hereby  enacled  by  the  authority  of  the  fame,  tliat  the 
faid  land  (hall  he,  and  is  hereby  appointed  a  common,  to  lie  perpetually  foi  the  ufe  and  benefit  of  the  inhabitants  of 
Bath  town,  under  luch  rertric'tions  and  regulations  as  is  or  lhall  be  appointed  for  town  commons  ;  and  that  the  inflec- 
tion and  immediate  care  of  looking  after  the  laid  common,  be  in  the  commillioners  of  the  laid  town  for  the  time  being. 

—..i  .■      . f< ^ 1 , _ j 

XII  Georgf   II.     The  6th  of  March,   1738.     O.  S. 


Chap.  XI.     An  acl  for  appointing  a  town  on  the  plantation  where  William  Webfter  now  dwelleth  in  Hyde  county,  en  the 

well  fide  of  Matchapungo  river. 
jrT  7£  pray  that  it  may  be  enacted,  and  be  it  enacled,  by  his  Excellrncv  Gabriel  Johnfton,  Ef}/.  Governor,  by  and  with 
VV  the  aayice  and  confent  of  his  Majeiiy's  Council  and  General  Affembly  of  ibis  Province,  and  by  the  authority  of  the 
fame  that  all  the  land  from  a  creek  next  to  William  Denmark's,  ruuning  to  another  cneek  next  to  Richara  Let  i'nents, 
on 'a  direel  line  on  the  river  lide,  running  from  the  high  land  on  each  creek,  cne  hundred  yards  back,  on  a  direct  line, 
is  hereby  declared  to  be  a  lOtvnlhip,  by  the  name  of  I'/oodftock,  with  all  privileges  and  immunities,  hereafter  mentioned 
and  exprefled,  for  ever  ;  and  that  the  property  of  the  faid  plantation  pr  towralhipbe,  and  it  is  hereby  henceforward 
inverted  in  Samuel  Sinclair,  gentleman,  Mr.  IVidiam  Harris,  and  Mr.  John  Smith,  or  any  two  of  them,  who  are  here, 
by  impowered  to  lay  out  the  faid  land  into  lots,  of  Halt  an  acre  each,  with  convenient  ftreets,  not  lefs  tfian   lixty  feet 

\\ide. 

II.  And  be  it  further  enacled,  that  Mr.  John  Smith  be,  and  is  hereby  appointed  treafurer  and  receiver  of  all  fuch 
funi  and  fums  ot  money,  which  lhall  arife  on  the  iale  of  the  laid  lots,  for  Uie  ufe  hereafter  mentioned;  and  on  the 
death  or  departure  out  of  the  government,  or  refuial  of  the  faid  treaiurer  to  act,  then  the  next  fucceeding  comniilfi- 
oner  or  truftee  fhall  officiate  in  his  dead  and  place,  and  (hall  give  fecurity  to  the  Jultices  of  the  court,  that  he  will  be 
accountable  tor  the  money  he  Hull  receive  by  virtue  of  this  ad. 

III.  '  And  be  it  further  enacled,  that  every  perlon  whatfoever,  who  is  willing  to  be  an  inhabitant  of  the  faid  town, 
fhillhave  liberty  to  take  up  any  lot  or  lots  fo  laid  out  as  aforeiaid,  and  not  before  taken  up  ;  which  lot  or  lots  the  faid 
commillioners,  or  any  two  of  them,  are  hereby  directed  and  impowered  to  grant,  convey,  and  acknowledge,  to  the  per- 
foncr  perfons  fo  taking  up  the  fame,  and  to  his  or  their  heirs  and  alligns,  tor  ever,  in  fee  iimple,  upon  the  payment  of 
forty  fhillings  current  money  ;  and  the  laid  cqnfideration  money  (hull  be  paid  unto  U'ilUam  IWblier,  the  proprietor  of 
the  faid  land,  his  heirs,  and  alligns. 

IV.  '  Provided  always,  that  it  any  perfon  whatfoever  (hall  take  up,  and  have  conveyed  to  him,  any  lot  or  lots  as  a. 
forefaid,  and  (hill  not  build,  or  caufe  to  be  built  thereon,  within  two  years  after  the  date  of  the  laid  conveyance,  a 
pood,  fublfantial,  habitable  houfe,  not  of  lefs  dimenfions  than  twenty  feet  in  length,  and  fifteen  feet  wide,  beii'des 
iliedsor  leantoes,  or  make  preparation  for  lb  doing,  as  the  court  of  the  (aid  county,  by  view  of  an>  u\o  or  more  of 
them,  lhall  judge  reafonable  to  fecure  the  lame,  every  fuch  conveyance  (hall  be,  and  is  hereby  declared  void  and  of 
none  effect  as  if  the  fame  had  never  been  made  ;  and  that  the  laid  lot  or  lots  (hall  be  free  and  clear  for  any  other  per. 
ion  to  take  up  and  purchafe,  on  the  conditions  aforeiaid. 

V.  Provided  alfo,  that  all  monies,  arilingby  the  fecond  or  other  fale  of  the  faid  lots,  fha'l  be,  and  is  hereby  ap- 
propriated and  applied,  for  the  building  of  a  church  ;  and  what  (hall  be  more  than  will  build  the  laid  church,  (hall 
be  applied  to  fuch  other  ules  as  the  faid  commillioners,  or  the  major  part  of  them,  (hall  think  fit,  for  the  encourage- 
ment of  the  (aid  town. 

VI.  And  be  it  further  enacled,  by  the  authority  afvefal',  that  the  commillioners,  or  any  two  of  them,  (hall  have 
power  and  authority,  and  they  are  hereby  required  and  impowered,  to  remove  all  niifances  within  the  limits  of  the 
laid  town  ;  and  that  no  perfon,  inhabitant  of  the  laid  town,  or  holding  lots  there,  lhall  indole  the  fame,  or  keep  the 
fame  mciored,  under  a  common  (take  fence,  but  eyery  lot  therein  Hull  be  paled  in,  or  done  with  polls  and  rails  let  up. 

VII.  Obfolete, 

VI I I.  And  be  it  further  tnacled,  by  the  authority  aforrf.id,  that  all  perfons,  poflelTors  or  owners  of  lo'  s  in  the  faid 
town,  fhall,  and  they  are  hereby  obliged,  within  two  years  next  after  the  ratification  of  this  act,  to  clear  all  inch  lots 
by  them  held  and  poll'elled,  lrom  all  manner  of  wood,  underwood,  brulh  and  grubs,  that  are  or  may  be  offenfive  to 
the  (aid  inhabitants,  and  (hall  fo  keep  and  maintain  the  lame,  from  time  to  tune,  and  at  all  times,  hereafter,  under  the 
penalty  of  ten  (hillings  per  month  ;  to  be  recovered  by  a  warrant  from  one  Juitice  of  the  Peace  .-one  half  to  the  in- 
former, and  the  other  half  to  the  commillioners,  lor  the  ufe  of  the.  hid   town. 

JX.     And  be  it  further  enacled,  by  the  authority  aforefaid,  That  in  cafe  ot  the  death,  or  departure  out  of  the  govern- 


»ner»,  of  any  of  the  fara  comnv.flbiiers,  at  any  lime  hereafter,  the  p^iriaipiug  commlffioners,  together  w'lh  the  Justices 
of  the  county  court,  are  hereby  authorifed  ;ind  inipowefed  to  make  choice  of  fome.  oilier  pcrfou  or  perfons,  to  luccced 
fuch  commilhoner  or  commillioners  fo  dying  or  departing  as  aforelVkl  ;   which  perlbn  or  perfons  to  eleited  and  chofen, 


mall  be,  and  they  are  hereby  incited  with  as  much  power  and  authority,  to  all  intents  and  purpo.'es   whatfoevcr,  as 
the  prefect  commiflioners  herein  appointed  are  invelted  with,  bv  virtue  of  this  act. 

X.  Andb. 
choice  of  one 
church  yard, 


X.     And  b:  it  further  enafied,  by  the  authority  aforej  aid,  that  the  connjiilhoners  are  hereby  impowered   to    make 
choice  of  one  acre  of  ground  in  the  faid  town,  wherever  they  ihall  think  lie  and  moil  convenient,  for   a   church    and 


XIV  Geokgk  tl.     The  21ft  of  Auguft,  j74o.  O.  S. 


Chap.  II.     An  atl  to  enable  the  commiffior.ers  herein  after  appointed  to  ereel  and  finifh  a  church  in  Newbern,   in  Cra- 
ven county  and  Par  if: ,  in  the  Province  afore/aid,  and  for  the  belter  regulating  the  faid  town,  and  other  purpofes   therein 
mentioned. 
The  firfl  part  of  this  acl,  relating  to  building  the  Church,  has  had  its  effecl. 

XII.     \  ND  whereas  in  and  by  the  aforelaid  aft  of  aflembly  *,   there  was  a  lot  laid  out  in  the  faid  town  for  a  church, 
i  \  which  iaid  lot  being  infufficient,  and  not  lo  commodious  for  the  faid  ufe  ;  and  all  the    adjacent   lots  being 

taken  up  and  laved,  wherefore  the  laid  vcftry  have  taken  up  four  lots,  more  convenient  and  commodious,  for  erecting 

a  church, and  for  a  church  yard,  and  other  parifh  ufes  :   Be  it  therefore  emitltd  by  the  authority  a/ore/aid,  that  as  loon  as 

the  faid  church,   fliaH  be  fit  to  celebrate  divine  fervice  in,  the  faid  tour  lots  (hall  be  faved  to  the  parilh  for  the  purpofes. 

afore-mentioned,  in  as  full  and  ample  a  manner,  as  if  the  faid  parilh   had  erected  a  houl'e  on  each  of  the  faid  lots,  of  the, 

quality  and  dinienfions  prefenbed    by   the  faid  act  for  favirg  lots  in  the  faid  town. 

XIII.     And  be  it  further  enafted,  by  the  authority  a/orefaid,  that  the  commiflioners  aforefaid  are  hereby  impowered 

and  directed  to  make  fale  and  difpole  cf  the  abovementioned   lot.  at  public  vendue,  after  four  days  notice  <nven,  and 

to  apply  the  money  anting  from  fuch  fale  towards  the  building  of  the  faid  church  ;  any  law  to  the  contraiy  in  any 

wife  notwithllanding.   M723,   13,  4. 

Cuap.    IX.     An   aft  to   exempt  the  inhabitants  1/  Bath  town  from  working  on  the  public  roads,  and  to  oblige  the  /aid 

inhabitants  to  clear  and  keep  the  //reefs  of  the  faid  town  clear  and  in  good  order. 
1.    VT7HEREAS  there  is  no  pro</ifion  made  by  any  law  of  this  province,  to  oblige  the  inhabitants  of  Bath  town  to 
VV    clear  and  keep  clear  the  ftreets  of  the  faid  town  : 

II.  VVe  pray  that  U  may  be  enafted,  and  be  it  enacted,  by  his  Excellency  Gabriel  Johflon,  Efq  ;   Governor,    by  anil 
.  idroict  and  confnt  of  his  ALije/Zy's  council,  and  the  General  Alfembly  of  this  Province,  and  it  is  hereby    cr.acled  by 

the  authority  of  the  fame,  that  from  and  after  the  ratification  of  this  act,  \<  lhall  and  may  he  lawful  for  the  Tutrices  of 
Bxaifort,  yearly,  to  appoint  fome  proper  perfon,  inhabitant  of  the  faid  town,  overfeer  of  the  fame  ;  which  overfeer 
lb  appointed  lhall,  as  often  as  there  lhall  be  occalion,  Summons  the  male  tithable  inhabitants  of  the  laid  town,  to  clear 
the  itreets  thereof,  and  remove  any  nufance  or  nufances  within  tne  faid  town  :  And  if  any  fuch  male  tithable  inhabi- 
tant lhall  fail  or  refute  to  appear  on  luch  luminous,  and  work  in  the  faid  town,  at  fuch  times  and  places  as  the  faid  o« 
verfeer  iliall  d.reci,  luch  perlon  fo  neglecting  or  refuting,  ihall  forfeit  and  pay  the  inm  of  two  fhillings  and  fixper.ee, 
pi  cdamat'on  money,  for  every  day  he  lhall  fo  neglect  or  refute  •  to  be  recovered  by  a  warrant  from  any  juftice  of  the 
peace  of  the  fa  d  county,  and  applied  to  the  ule  of  employing  perfons  to  work  and  keep  the  Itreets  of  the  laid  town, 
clear  and  in  good  order- 

III.  Provided /or  by  1 745,    II,   9. 

;  1  ■  .  ■  ■  ■  .  1  . 

XV  George  II.     The  4th  of  April,   1741.     O.  S. 

Chap.  XII.     An  acl, /or  appointing  and  laying  out  a  town  on  or  near  Mittam's  point,  on  the  South  fide  of  New-River, 

in  Onflow  county,  by  the  name  of  Johufton. 

I.  YT7HEREAS  the  inhabitants  of  Onflow  county,  have  petitioned  for  an  aft  for  appointing  a   town  on   Mittam's 

V  V  point,  on  the  louth  fide  of  New-river,  and  that  coram, If  ioners  may  be  appointed  to  lay  out  the  lots  in  the 
faid  town,  and  todilpolc  of  them  in  manner  in  the  laid  petition  mentioned  ;  and  for  laying  a  levy,  for  budding  a  court- 
houte  and   jail,  for  the  faid  county  : 

II.  We  pray  that  it  inay.be  emdled,  and  be  it  enailtd,  by  his  Excellency  Gabriel  Johnfton,  Efq  ;  Governor,  by 
and  with  the  advice  and  confent  0/  his  IMajef/y's  Council,  and  Genera  I  A/fembly  of  this  Province,  and  it  is  hereby  enacled, 
by  the  authority  of  the  fume, ihat  as  foon  as  the  proprietor  ol  the  land  on  the  laid  point  lhall  acknowledge  his  or  her  con- 
sent and  concurrence,  in  open  court  of  the  laid  county,  to  have  fuch  part  of  the  laid  land  laid  out  for  3    town  as  here- 


in  alter  is  dir2<3:ed,  it  (hall  and  may  be  lawful  for  Samuel  "  inflon  John  Slarkey,  Jonathan  Frectnain,  Samuel  James, 
and  James  Foil,  Efquires,  who  are  hereby  nominated  and  appointed  commhTi'mers.  with  full  power  and  authority^  to 
lay  out  one  hundred  acres  of  land,  at  the  laid  Mittdtifs  point.  for'  a  :••.  wn.  by  the  name  of  J&Hnfiin  ;  and  they,  or  the 
major  part  of  them,  are  hereby  directed  and  impoweredj  to  :      ■  \\  ii  ed  acre's;  at  a. id  aujo'iiiing  the  laid  poityj 

info  lots  of  halt  an  acre  each,  with  convenient  ftVe'ers,  and  a  frpi  .  ftiftl:c  rjii     li  igs. 

]J[.     And  be  it  further  enailed,  by  ihe-tiutbsrky  mraiflicmers',  or  the  major  part  of  them, 

have  laid  out  the  laid  town  into  lots  and  (rreett  as    'or:<:.i  J,  ever  •  ;-,  who  is  wilting  to    be  an  inha- 

bitant ct  the  faid  town,  fliall  have  liberty  to  take  Up  a-ny  !.  ;  uot  before  taken    up  j 

which  lor  or  Iocs  the  cooimiifiotiers before  appointed,  or  the  majority  6i  them,  are  hereby  impowei  cd  to  grant j  coiiVcy 
end ackpowled ge,  to  the  perj'og  cr  per'bus  io  taking  up  the  fame,  a  i.i  ..  itrrrts  forever,  in  fc-e  iimple,  upon 

the  payment  01  ten  fhillings,  proclamation  money,  or  the-.  ii|  ciureucyft  to,  the     treasurer  herein  after 

IV.  And  be  it  further  enccled,  by  the  authority  afhrefaid^  that  Jam  'Foil,  Efq-;  b.e,  avid  is  hereby  appointed  trea- 
furer  and  receiver  of  all  fucli  fum  and  funis  pf  money  which  f  ■•>;'  aj  ife  .  the  f«te  o!  lie  dud  lots,  for  the  ulcs  hereaf- 
ter mentioned  ;  and  on  the  death  or  departure,  o.ut  of  the  government  oi  i  lie  laid  ti  eafurer,  the  laid  conimiflioners,  or 
ihe  major  part  of  them,  (hall  appoint  iome  orher  pe'rio'h  treafurcr,  in  the  place  of  the  laid  trearbrer. 

V.  And  be  it  further  enacleil,  by  the-  authority  itfope/hid,  th  r.  th;  wvaUi:  cr  hereba  appointed,  and  every  trealurer 
that  (hall  or  may  he  hereafter  appoipjed  by  the  cdiiimiifibners  as  ai  :'  gi\  e  |ectlr|ty  to  the  county  court,  that 
hefha'l  and  will  account  with,  and  pa)  in  all  ti-j  monies  he  fhalj  re  :e;v'e  by  the  iale  of  all  and  every  the  lot  and  lots 
that  (hall  be  fold  yearly,  on  the  twenty  fi;t!i  d  y  of  iff,  rcht  to  Mr.                      r,  ■;v  the  proprietor  or  the  laid  land. 

VI.  Provided "at :■:.:•  r,  tha:  if  any  lot  6r'Jbts\ma)i  be  grained  and  conveyed,  by  the  (aid  commiihoncrs,  to  any  per- 
fon  or  perfons  whatfoevcr,  who  (hall  not,  within  two  year:,  build  a  good  fublrantial  habitable  iiaincd  hoide,  not  of 
lefsdimenfions  than  twenty  fourfeet  in  length,  and  lixtccn  feet  wide,  oeudes  (hecisor  leaiucs,  or  make  fuch  prepara- 
tion  for  fo  doing,  a?  the  cominiflioners,  or  the  major  part  ct  them,  ih::!,  on  view,  think  reafonable,,  lech  grant  or  con- 
veyance (hall  be  void,  and  it  is  hereby  d:  qire'd  void  an  1  of  none  c-dVdt,  as  if  the  fame  had  never  been  made  ;  and  the 
commilfioners  may  grant  and  convey  Inch  iot  or  lots  which  .'hall  not  be  built  on  within  the  time..,  and  m  the  manner 
as  is  herein  before  directed,  to  any  other  perfoa  or  pe,  fops  applying  for  the  lame,  and  paying  the  money  for  the  laid 
lot,  as  in  this  act  is  before  directed,  for  the  ul'e  of  the  laid  tiope  Dexter,  or  other  proprietors,  as  .doreiaid. 

VlL  And  be  it  further  en ac7edt  by  ti.  e  ant  ho  if}  rfo>\  .  aid,  that  the  commifiioners,  or  the  major  part  of  them,  (hall 
be,  and  they  are  hereby  impowered  and  authoriled,  to  remove  all  nufauces  within  the  limits  of  the  laid  tov.  n. 

VIII.  And  be  it  further  end/Fled,  by  the  uhthority  .fore/uiJ,  that  no  perlon,  inhabitant  of  the  (aid  town,  or  holding 
a  lot  or  lots  therein,  (hall  indole  the  {'aw.-.:,  or  keep  the  fame  incloied,  under  a  cominon  itake  fence,  but  every  lot  there- 
in (ball  be  paled  in,  or  in  doled  with  polls  and  ra;is  let  up, 

IX.  And  be  il  further  enailed,  by  tbt  author'.:;  af ore/aid,  that  all  perfons,  poficiTors  or  owners  of  lots  in  the  faid 
W-vn,  mall  within  two  years  from  the  dare  o(  their  grant  rr  conveyance,  clear,  and  keep  conhantly  clear,  their  lot  or 
lots,  from  all  manner  of  wood,  underwood,  bruih  and  grub->  ;  under  the  penalty  of  one  (hilling,  proclamation  money, 
Jor  every  month  fuch  owner  cr  owners  of  any  lot  or  lots  (hall  neglt  u  to  char,  or  keep  the  larne  clear  ;  to  be  rccover- 
«  d  by  a  warrant  from  any  Juflice  of  the  Peace,  and  applied,  by  the  laid  commiilioners,  inr  aad  towards  clearing  the 
itreeis  in  the  laid  town,      jjj    10,   an.l  il,  repealed  by  \  7^,    12. 

XII.  And  be  it  further  rnacled,  by  ihe  auii,i-;ity  ajon/a:,:,  that  the  faid  Jnftices  may,  and  they  are  hereby  impow- 
ered and  authoriled,  to  make  ule  of  the  old  eoort-houfe  and  prifon,  for  the  ul'e  of  the  (aid  court-houle  and  jail,  to  be 
buiit  as  afored'aid  in  the  laid  town,  either  by  pulling  the  fame  down,  and  moving  fuch  part  thereof  as  may  be  ufeful  in 
buiiding  the  court-houle  to  be  built  in  th  •  faid.  town,  as  a'oreiaid,  or  by  felling  the  fame,  and  applying  the  money  ari- 
iing  by  luch  (ale,  towards  erecfing  tiie  laid  buildings  in  the  Jaid  town. 


XVII  George  II.     The  2d  of  April,   1743.     O.  S. 


Chap.  VII.     An  act  for  creeling  a  Court-hr.ufe,  Prifon  and  Stocks,  in  Bertie. county,  and  for  laying  a   tux  upon   the 

inhabitants  of  the  faid  cow:')'  for  dt  fraying  the  charge  thereof. 
I.   XT  7HEREAS  great  dilputes  have  arifen'in  the  t(  unty  of  Bertie,  concerning  the  place  whereon  the  Court-houfe, 
VV    prifon  and  (locks,  mould  be  erected  )a  the  faid  county  ;  by  reafon  whereof,   they   have  not  hitherto    been 
built  :   therefore,  to  afcertain  the  place  whereon  the  fame  (hall  be  built,  and  to  prevent  delays  for  the  future  ; 

II.  We  pray. that  it  may  be.  enacted,  and  be  ilenacled,  by  his  Excellency  Gabriel  Johnfton,  Efq  ;  Governor,  by  and 
with  the  advice  and  confent  of  his  Maje/ty's  council  and  Genet  til  Affmbly  of  tins  Province,  and  it  is  hereby  enacled  by  the 
authority  of  the  fame,  that  the  court-houfe,  prifon  and  flocks,  of  Bertie  county,  (ball  be  built  between  Cufhy  bridge  and 
Willi's  Quarter  br a dge,  in  the  laid  county,  and  that  aJi  courts  (hall  be  there  held  for  the  faid  county,  after  the  fame 
ihall  be  built  ;   any  law,  cuftom,  ufige,  or  order  of  court,  to  the  contrary  notwithfrar.ding. 

III.  And be  it  further  enacled,  by  the  authority  aforefdd,  that  the  Juitices  of  the  faid  county,  or  a  majority  of  them, 
are  hereby  imocv/crcd  and  required,  at  the  uc.%1  col  ft  that  Ihall  be  held  for  the  faid  county,  after  the  pafling  of  thia , 


g 

aft,  to  purchafe  of  the  owner,  one  acre  of  land,  in  fee  Ample,  between  the  fair!  bridges,  fjr  the  life  of  the  public, 
whereon  to  build  the  faid  court-houfe,  prifou  and  flocks  ;  and  (hall  alio  contract  with,  or  impower  other  perfons  ai 
theyihdi  think  proper,  tocontricl  with  and  employ  work,  for  building  and  erecting  die  fame  thereon.  The  reJtObfolete, 

■  if' 

XIX  George  H.     The  20  th  of  April,    1745.     O.  S. 

Chap.   IX.  At  ad,  to  tmprxer  the  commfffioners  far  the  tovti  of  EJenton, to  keep  in  repj.tr  the  toivi  fence,  and  to  ere  ft  ■ 
andbuiil  afiwii.  r.r, dges,  public  luharf and  murket-houfe  ;  andulpfo  ere/}  and buiiia  School. hrufe  i/ithejaidtown,   and. 
ether  pwpofe    ■herein  mentioned. 
The  1/7  and  la  ft  feci  wis  of  this  aft,  provided  for  by  1 756,    l_> 

II.     A  ND  be  it  further  enicied,  by  the  authority  aforefuid,   that  no  perfon  or  perfons  whatfoever,  except   the  inhabi- 
£\  tants  of  the  laid  town,  Hull  keep,  or  caufe  to  be  kept,  any  horfe,  cittle  or  iheep,  within  the  faid  town,  under^ 

the  penilty  of  t.venty  (.hillings,  proclamation  mgnev,  for  each  and. every,  offence  ;  to  be. recovered  and   applied  as  in  . 

this  nit  is  hereafter  directed. 

III.  And  be  it  further  enucled,  hy  the  authority  aforefuid,  that  none  of  the-iuhabitants  of  the  faid    town,  fhjllkeep, 
or  caufe  to  be  kept,  running  at  large  within  the  bound*  of  the  (aid  town,  more  than  fix  head   of  fheep,    one  cow  and 
one  horfe,  for  one  lot,  and  fa  in  proportion  for  each  and  every  lot  by  him,  her  or  them  lo  p  flluTcd,  under  the   penalty., 
of  t  .venty- (hillings,  proclamation  juonp.y,  for  each  and  every-oftence  ;  to  be  recovered  and  applied  ag  in  this  aft  is  here- 
after directed. 

IV.  And  be  it  further  end  fted  by  atdhoriiy  aforefuid,  That  the  commiihoncFS  of  the  faid  town,  or  the  majority  oft 
theni  are  hereby  authorized  and  impowered  to  erect  and  build  a  pound,  bridges,  publ  c  wharf,  market  houfe,  and 
fghoo!  houfe,  in  fuch  public  places  in  the  faid  town  as  they,  or  the  majority  ot  them,  (hall  think  moft  convenient  for 
the  eafe  and  advnntageof  the  inhabitants  of  the  (aid  town  :  And  for  defraying  the  expence  of  building  and  eiectin"-, 
the  faid  pound,  bridges,  public  wharf,  market  houfe,  and  fchool  houfe,  the  laid  com.niffioners  thai!  be  allowed  and' 
paid  out  of  the  money  alreidy  ariien,  and  not  applied,  and  which  hereafter  (hull  anfe,  by  the  fale  of  lots  in  the  faid 
town  ;  ajiy  law,  ufage,  or  cuftum,  to.the  contrary,,  notwithftanding.  . 


Chap.  XL     An  ail  for  fencing  the  town  of  Rath,  and  re-  Purveying  the  common  belonging  to  the  faid  town,  and  exempting  , 
the  inhabitants  from  working  on  the  main  roads  ;  and  to  give  liberty  to  the  inhabit  tnts  to  build  on  and  improve   the  front 
or  w iter  tots,  and  to  appoint  commijfioners  for  the  purpofes  aforefuid. 

Ir   TT7HF.R.&AS  the  inclofing  and  fencing  in  the  town  pf  Bath,  will  be  na.t  only  commodious  to  the  inhabitants,  but . 
YV  convenient  to  travellers  palling  thai  way  :  _ 


a  good  and  furTuient  fence,  with  one  large  gate  fit  for  carts  topafs  through,  and  one  leffer  ^ate,  fit  for  men  and  horles 
to  pafs  through. 

II f.  And  be  it  further  enacled,  by  the  authority  aforefuid,  that  the  cpmmilfioners  hereafter  appointed,  or  the  majori- 
ty of  them,. are  hereby  directed  and  impowered,  to  hire  ard  employ  workmen,  to  make  up  or  repair  the  faid  fence 
and  gates,  when  the  majority  of  them  (hall  find  it  necclTjtry,  and  to  compute  the  charge  of  the  making  and  reoairing 
the  lame,  on  the  firft  I\iel 'Jay  in  May,  yearly,  alter  the  ratification  of  this  act  :  and  for  defraying  the  faid  expence, 
the  commiffioners  hereafter  named  are  hereby  authoriled  and  impowered  to  lay  a  tax  or  levy  on  each  taxable  in  the 
faid  town,  f.ir  paying  the  faid  charge,  not  exceeding  the  fum  of  two  (hillings  and  eight  pence,  prpclamation  money, 
yearly. 

IV.  And  be  it  further  enacli  d,  by  the  authority,  cforefaid,  that  if  any  •  of  the  inhabitants  of  the  laid  tcv;  n  of  Beth,  or 
any  other  perlon  or  perfons  holding  or  poflefliug  lots  therein,  mall  neglect  or  refufe  to  pay  the  (aid  tax  or  levy,  lo  laid 
by  t>;e  commifhoners  as  afcrelaid,  that  then,  snd  in  fuch  cafe,  the  comnriffioners  for  the  time  being,  or  the  majority 
cf  them,  are  hereby  impowered  to  fue.for  and  recover  the.  fame,  by  warrant  from  any  Juftice  of  the  Peace  for  the  coun- 
ty, of  Beaufort. 

V.  And  be  it  further  en.ifted.  by  the  authority  aforefuid,  that  if  any  perfon  or  perfons  (hall  pull  down,  take  away, 
or-by  any  means  deft.-oy,  any  of  the  rails  of  the  faid  fence,  or  any  part  thereof,  and  dial  I  be  thereof  law  fully  convicted 
by  the  oath  of  one  credible  witnels,  before  one  or.  more  Jufticcs  of  the  Peace,  he,  (he  or  jthey,  fo  offending,  (hall  for  ■ 
feit  and  pay,  imo  the  hands  of  the  Com  mi  (Tinner »,  for  the  firft  offence,  the  fum  of  twenty  millings,  proclamation  mo-, 
nev,  and  for  the  fecond  offence,  being  thereof  lawfully  convicted  as  aforefaid,  the  fum  of  forty  (hillings,  proclamation  mo. 
ney  ;  to  be  recovered,  by  the  com  nilfioners,  by  a  warrant  from  two  Juftices  of  the  Peace  :  which  money,  (o  by  them 
recovered,  (hall  be  by  them  applied  towards  repairing  the  faid  fence. 

VI.  And  forafmuch  as  the  inhabitants  of  the  faid  to.vn  know  not  exactly  the  bounds  of  their  feveral  and  respective: 


TO 

lots  ;  to  prevent  difputes  for  the  future,  Be  it  enabled,  by  the  authority  aforefaid,  trat  the  commifljoiiers  liereafter  nam. 
ed,  or  the  majority  of  them,  are  hereby  required  and  impowered  to  employ  the  furveyor-general,  or  his  deputy,  to 
re-furvey  the  laid  town,  as  near  as  pollible  to  the  old  plan,  that  no  perl'on  may  be  damaged  thereby  }  and  the  torn- 
inifhoners  are  hereby  impowered  to  lay  a  tax  or  levy  on  each  lor,  not  exceeding  two  {hillings  and  eight  pence,  procla. 
clamation  money,  to  pay  the  expence  of  lurveyin^  the  fame  ;  which  money  (hall  be  paid  by  the  owners  of  the  laid  lot 
or  lots,  into  the  hands  of  the  coinmilfioner.s  :  and  every  owner  or  owners  of  fuch  lot  or  lots  fo  furvcyed,  are  hereby 
obliged  to  let  up  pofls  or  flones  for  land  marks,  in  prefence  of  feme  of  the  commiihoners,  at  the  time  of  furveying  the 
fame,  under  the  penalty  of  forty  millings  proclamation  money  ;  to  be  recovered  and  applied  in  the  fame  manner  as  o- 
ther  fines  in  this  act  are  before  directed  to  be  recovered  and  applied. 

VII.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  common  belonging  to  the  faid  town  be  a'.fo  fur- 
veyed,  at  the  expence  of  the  inhabitants  of  the  faid  town  ;  and  that  proper  land  marks  be  let  on  the  bounds  of  the 
lame,  that  perfons  may  know  where   the  lame  are,  and  not  commit  trefpafs  on  the  lands  adjoining. 

VIII.  And  be  it  further  enacfed,  by  the  authority  afo'-efaid,  that  the  inhabitants  ot  Bath  town  be,  and  are  hereby 
exempted  from  working  on  the  public  roads  ;  provided  that  the  faid  inhabitants  keep  the  town  inclofed,  in  manner  a- 
forefaid,  and  their  itreets  and  lots  clear  of  all  incumbrances  whatsoever. 

IX.  And  beit  further  enaclcd,  by  the  authority  aforefaid,  that  all  perfons  which  have,  or  which  hereafter  (hall  take- 
up  any  of  the  front  or  water  lots  in  the  faid  town,  are  hereby  impowered  to  improve  the  lame,  by  building  and  ereft- 
ng  warehouies  and  fiores,  or  other  buddings,  as  to  them  mall  be  moil  convenient,  for  carrying  on  the;r  trade  and  com 
merce. 

X.  And  be  it  further  emitted,  by  the  authority  aforefaid,  That  C.ipt.  Michael  Coutanch,  Col.  Benjamin  Peyton,  Mr. 
John  Rieujfet,  Mr.  Robert  Boyd,  and  Mr.  Daniel  B linn,  be,  and  are  hereby  appointed  commifiionerstor  the  laid  town  of 
Bath,  with  power  and  authority  to  lue  for  and  recover,  of  and  from  any  perlbn  or  perlons  who  lhali  refute  to  pay 
their  proportionable  part  of  the  charges  ariling  and  becoming  due  for  any  of  the  purpofes  aforefaid  j  and  on  death  or 
removal  of  any  of  the  above  commiilioners,  the  majority  of  tne  commiiiioaers  ihall  choo.'e  others  in  the  room  and  flead 
of  thole  fo  dying  or  removing. 


Chap.  XII.  An  acl  to  encourage  perfons  to  fettle  in  the  town  of  Brunfwick,  on  the  fouthweft  fide  o/Cape.Fear  river. 
I.  VT7HEREAS  Maurice  Moore,  late  of  Cape-Fcpr,  Efq  ;  deceakd,  appropriated  and  laid  out  a  certain  parcel  of 
VV  land,  containing  three  hundred  and  twenty  acres,  on  the  fouthweft  fide  of  Cape-  Fear,  for  a  town,  and  common, 
for  the  ufe  of  the  inhabitants  of  the  faid  to  .vn  ,  which  faid  town  is  called  Brunfwick  ;  and  the  hon.  Roger  Moore,  Efq ; 
to  make  the  faid  town  more  regular,  added  another  parcel  of  land  to  the  faid  town,  and  a  great  part  of  the  faid  lands 
■was  laid  out  into  lots,  of  halt  an  acre  each,  many  of  which  are  laken  up,  and  good  houies  built  thereon,  and  proper 
places  were  appointed  and  given,  by  the  faid  Mawice  Moore,  for  a  church,  coun-honfe,  and  burial  place,  market  houfc, 
and  other  public  buildings,  and  whereas,  by  reaion  cf  the  death  of  the  laid  Maurice  Moore,  and  of  John  Porter,  of  Cape- 
Fear  ,  Efq  ;  who  claimed  to  hold  part  of  the  laid  lands  kid  out  for  a  town,  by  grant  from  the  faid  Maurice  A'loore,  it 
is  not  certainly  known  to  whom  the  faid  land  belong,  fo  that  fure  titles  may  be  had  to  the  lots,  as  yet  unfold,  which  i? 
a  great  difcotiragement  to  the  fettling  the  laid  town  :  and  whereas  the  trade  of  Cape  Fear  river  confifts  in  naval  ftores 
rice  and  lumber,  commodities  of  great  bulk  and  firiall  value,  all  due  encouragement  ought  to  be  given  to  large  (hips 
to  come  into  the  faid  river,  to  take  off  the  faid  commodities  ;  and  as  all  large  fhips  which  come  into  the  faid  river,  are 
obliged  to  lie  at  Brunfuick,  and  that  town  for  want  of  a  Sufficient  number  ot  inhabitants,  and  by  reafon  of  the  eafy  ra- 
viaarion  thereunto,  is  much,  expofed  to  the  invafion  of  foreign  enemies  in  time  cf  w  ar,  and  pirates  in  time  cf  peace,  no- 
thing cjn  be  a  greater  encc.uragen.ent  to  fhips  to  come  there,  than  a  certainty  of  being  well  fupplied  witn  necellaries, 
and  well  iecured,  during  the  time  they  lie  there,  which  can  be  no  way  be  better  done  than  by  increasing  the  number  of. 
the  inhabitants  of  the  faid  town  :  for  the  effecting  of  which,  and  remedying  the  inconveniences  above  mentioned,  and 
iettlmg  and  fecuring  the  titles  to  the  laid  lots  hi  tt\k  laid  town. 

II.  We  pray  your  moil  f.icrcd  Majefly  that  it  may  he  enacted,  and  be  it  enacted,  by  lis  Excellency  Gabriel  Johnfron, 
Efq  ;  Governor,  by  and  with  the  advice  and  con/er.t  of  his  Ufajefty's  Council,  and  Central  Xffernbh  of  this  Prr.ir.ee,  and  by 
the  authority  of  the  fame,  that  the'faid  lands  appropriated  and  laid  out  for  a  town  and  common,  by  the  faid  Maurice  Moorq 
and  Roger  Moore,  be,  and  they  are  hereby  declared  to  be,  from  henceforward,  myelied  in  the  Hon.  Edward  Mcfely  and 
Roger  Moore,  Eftjrs.  and  William  Dry ,.  John  Wright,  and  Rfchurd  Quince,  merchants,  in  fee,  to  and  for  \he  trtift  and 
purpofes  herein  after  mentioned,  and  their  lucctll'ers,  as  commiilioners  for  the  faid  town  of  Brunfwick  ;  to  be  dilpofed 
of  in  manner  and  form  as  herein  after  is  directed. 

III.  And  be  it  further  enaclcd,  by  the  authority  aforefaid,  that  on  the  deaih  or  depar'nre  of  any  of  the  faid  comrrir- 
fioners  out  of  this  province,  at  any  time  hereafter,  the  remaining  commiilioners,  or  the  majority  ot  them,  are  hereby 
fully  authoriled  and  impowered  to  elect:  and  chooie  foine  other  perfon  or  perfons  to  fucceed  inch  commillioner  or  com- 
miflioners  fo  dying  or  departing  as  aforelaid  j  which  perfon  or  perfons  lo  electee'  or  chefen,  ihall  be,  and  they  are  hereby 
invefted  with  as  lull  power  ana  authority,  10  all  intents  and  j  urpefes,  as  if  they  had  been  particularly  named  in  this  aft. 

IV.  And be  it  further  enacled,  ly  the  authority  aforefaid,  that  the  Hc-noun.ble  Rcger  Moire,  Elq  ;  ihall  be  treafurer 
and  receiver  of  all  the  monies  arifirg,  or  10  ai  ile,  by  the  iaie  of  the  laid  lots  ;  and  on  hi,  death,  or  departure  out  of 
this  province,  then  the  majority  oi  the  commiffioners  to  chooie  another,  he  giving  lecurity  to  the  {aid  comniifTioners, 


that  he  will  be  accountable  for  all  the  monies  which  he  fhall  receive  for  the  faid  lots. 

V.  And  be  it  further  tnacled,  by  the  author)  tv  aforefaid,  that  the  faid  commiflioners,  or  any  three  of  them,  as  foon  a? 
they  conveniently  can,  (hall  lay  out  lb  much  of  U)e  faid  lands,  fronting  die  river,  for  a  town,  into  lots  of  half  an  =cre 
each,  with  convenient  itreets  and  paflages,  as  they  mail  think  iuflicienf  and  the  remainder  thereof,  not  laid  out  into  lots, 
fhall  be,  and  it  io  hereby  declared  to  be  a  common,  for  the  public  ufe  of  the  inhabitants  of  the  faid  town  ;  a  pkn  or 
which  town  and  common  the  commiflioners  fhal]  record  ip  the  Secretary's  Office,  by  which  plan,  fo  iecorded,  all  dif- 
putes  hereafter  concerning  the  lots,  ftreets  and  paflages,  of  t lie  faid  town,  and  alio  the  common,  Jhall  be  decided. 

VI.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  if  the  faid  ccmmiffioners,  or  the  majority  of  them,  flr.II 
think  the  places  already  laid  out  for  a  church,  burial  place,  market-houfe,  and  other  public  buildings,  not  convenient  for 
the  laid  uies,  that  then  the  faid  commiflioners,  or  the  majority  of  them,  fhal]  lay  out  and  appropriate  fuch  other  places, 
for  the  Ulesaforefaid,  as  they  fliall  think  molt  convenient. 

VII.  And  be  it  further  enacted,  by  the  authority  afore/aid,  That  every  perlon  who  is  willing, or  defirous  to  be  an  inha- 
bitant of  the  faid  town,  fhall  have  liberty  to  take  up  any  lot  or  lots  fo  laid  out  as  aforefaid,  and  not  before  taken  up,  pay-\ 
kig  unto  the  treafurer  or  receiver  for  the  time  being  the  fum  of  three  pounds,  proclamation  money  ;  which  lot  or  lots 
the  commiiiioners  aforefaid,  or  any  three  of  them,  are  hereby  required,  directed,  and  impowercd,  to  grant  and  convey 
to  the  perfon  fo  taking  up  the  lame,  and  to  his  heirs  and  afligns,  forever  :  forty  fhillings  whereof  fhall  be  paid,  by  the 
faid  treafurer,  to  fuch  perfon  or  perfons,  his  or  their  heirs,  who  hath  the  title  to  the  faid  lands,  and  twenty  (hillings, 
remainder  thereof,  to  the  churchwardens  of  Si.  Philip's  parifli,  in  New  Hanover  county  ;•  to  be  dhpoicd  of  as  the  veiu-y 
Of  the  -faid  pariih  (hall  direct. 

VIII.  Provided  always,  that  if  any  perfcn  fliall  take  up  or  purchafe  any  lot,  in  manner  as  before  directed,  and  fliall 
not  build  thereon,  within  two  years  after  the  date  of  the  conveyance  for  the  faid  lot,  a  good  fubltantial  habit- 
able houfe,  of  thedirnenfior.s  of  twenty  feet  long,  and  Sixteen  feet  wide,  without  fhed,  or  make  fuch  preparation  for  {6 
doing  as  the  commiflioners,  or  the  majority  o'  them,  fliall  judge  reaibnable,  then  every  fuch  conveyance  fhall  be  null 
and  void,  to  all  intents  and  purposes,  as  if  the  fame  had  never  been  made  ;  and  any  other  perfon  or  perfoiio  fliall 
have  free  liberty  tp  take  up  the  faid  lot  o  r  lots  in  tbciame  manner  as  before  is  directed,  as  if  the  fame  had  never  been 
before  taken  up. 

JX.  And  be  it  further  enaffed,  by  the  authority  aforefaid,  that  all  money  arifing  by  fuch  fecond  or  other  fale  of  the 
faid  lot  or  lots,  fliall  be  paid  by  the  treafurer  or  receiver,  to  the  churchwardens  of  St.  Philip's  pariih  aforefaid,  to  be 
difpofed  of  as  the  veftry  of  the  faid    pariih  fhall  direct. 

X.  And  be  it  further  enucled,  by  the  authority  aforefaid,  that  the  commiflioners,  or  the  majority  of  them,  fliall  have 
full  power  a-.d  authority,  and  they  are  hereby  authorifed  and  impowered  to  fell  and  convey,  in  manner  aforefaid,  one 
or  more  of  the  laid  lots,  as  they  fhall  find  necefl'ary  ;  and  apply  the  money  arifing  by  the  fale  of  the  faid  lots,  to  defray 
the  charges  they  fhall  be  at  in  .'urveying  and  laying  out  the  laid  lots  and  common,  and  making  and  recording  the  plan 
thereof. 

XI.  And  be  it  further  enacted,  by  the  authority  aforefaii,  that  every  perfon  who  is  now  feized  and  polTefTed  of  any  lot, 
and  hath,  by  himlelf,  or  thoi'e  uncier  whom  he  claims,  been  fo  feized  or  pofTefled  for  feven  \ears  laft  pair,  and  cannot 
produce  any  title  to  the  fame,  fliall  make  it  appear  to  the  commiiiioners,  cr  the  majority  of  them,  that  he  purchafed  the 
faid  lots,  bona  fide  ;  and  if  the  faid"cOmniiifiuners,  or  the  majority  of  them,  fliall  he  /atisfied  that  he  purchafed  the  faid 
lot-,  bona  fide,  then  they  fhall  give  him  a  ceruticate  thereof,  under  their  hands  and  feals  :  which  certificate,  being  regif- 
tered  in  the  regifter's  office  of  New  Hanover  county,  fhall  be  a  fufficient  title  againlt  aH  titles  bearing  date  after  the  ra- 
tification of  this  act  ;  and  whtre  any  lor  doth  belong  to  any  perfon  decealed,  his  executors  or  adminiltrators  fhall  have 
the  lame  liberty  or  privilege. 

XII.  And  be  it  further  tnacled,  by  the  authority  aforefaid,  th.it  if  any  perfon  or  perfons  pour  fled  of  any  of  the  faid 
lots,  die  without  heirs,  or  Hull  not  make  diipolition  thereof  by  will,  or  otherwiie,  then,  and  in  fuch  cafe,  the  faid  lot 
or  lots  fhall  revert  to  the  faid  comuniTior.ers  ;  and  ihafl  be  fold  by  the  cornmiflioners  aforefaid  for  as  much  they  can  get  ; 
and  the  money  arifing  by  iuch  file  lhali  be  ddpoied  of  by  them  for  the  ufe  of  the  faid  town. 

XIII.  And  for  the  better  encouragement  of  perfons  to  fettle  in  the  faid  town,  be  it  er.acled,  by  the  authority  aforefaid, 
that  from  and  after  the  ratification  of  this  act,  all  veftries  for  the  faid  pariih  ihall  be  made  and  neld  in  the  town  of  Drunf- 
wici,  and  at  no  other  place  whatfoever. 

XIV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  church  for  St.  Philip's  aforefaid,  fliall  be  built  in 
the  faid  town  of  Er^nfx'ick. 

XV.  And  be  it  further  en.ulcd,  by  the  authority  aforefaid,  that  the  .commiflioners  aforefaid,  or  any  three  of  them,* 
fliall  haVe  full  power  and  authority,  and  they  are  hereby  authorifed  and  impowered,  to  remove  all  nufanccs,  cr  what 
die;  fliall  judge  nrjfances,  within  the  limits  of  the  laid  town,  and  fhall  not  fnAer  any  perfon,  owner  of  any  lot  or  lots  in 
the  laid  town,  to  mcio!e  the  fame  with  a  common  flake  or  worm  fence  ;  hut  every  perfon  who  will  indole  a  lot  or  lots, 
fliall  inclofe  the  fame  with  pale;.,  or  pons  and  rails  let  up  :and  if  any  perfon  or  perfons,  after  notice  g  ven,  fhall  not  take 
av.ay  and  n  n  o' c  ir.i,  i:..l  c  or  worm  lerce,.ti;en,  and  in  !uth  cafe,  the  faid  comnuilicrtrs  or  any  tl  ice  of  then  ii. all 
citcr  the  ian.e  to  be,,talen  away,  at  the  c<  lis  and  charges  of  the  perfon  v ho  is  in  pcfieflirn  cf  the  faid  let  cr  lots: 
and  if  tic  p  fli  (Tor  re  ulcj  to  pay  fqr  the  fame,  then  any  three  cf  the  commiflioners  aforefaid  are  hereby  impov  eird 
ard  authorized  to  rrant  a  warrant  under  their  hands  and  feals  directed  to  the  conftable  of  t  lie  fad  tow  n,  to  levy  the 
fame,  by  diftiels  and  iale  of  the  offender's  goods,  returning  the  overplus  to  the  owner ,-  and  the  faid  ccnftable  ie 


12 

hereby  required  to  execute  the   faid  warrant.. 

XVI.  And  be  it  juriher  enicled,  by  the  authority  aforefaid,  that  all  and  every  perfon  and  perfbns.pofleflors  or  own- 
ers  of  any  lot  or  lots,  in  the  laid  town,,  fhall,  within  one  year  after  the  ratification  of  this  act,  clear  all  and  everv  luch 
lot  and  Iocs  by  them  held  or  pofleileJ,  ot all  wood,  underwood,  brulhor  grubs,  growing,  (landing,  or  being  on  the  laid  lots. 

XVII.  Ani  be  it  further  enabled,  by  the  authority  aforefaid,  that  if  any  perlon  or  perfons,  poffeilbr  or  ouner  of  any 
lot  or  lots  in  the  laid  town,  fhall  omit  or  neglect  to  clear  the  fane,  as  a  bo  ve directed,  within  the  time  abo^e  limited,  and- 
keep  and  m  i  ntain  the  tame  fo  cleared,  then,  and  in  luch  ca'.e,  the  comm;iTioners,  or  any  three  of  them,  lhall  caufe  the 
fame  to  be  cleared,  at  the  colts  and  charges  of  the  party  offending  ;  and  if  tne  party  fo  offending  lhall,  upon  demand 
made,  refule  to  pay  luch  fum  or  fums  as  the  commillioner?,  or  any  three  of  them,  fhali  order,  for  clearing  the  fame, 
then  the  laid  couimilli oners,  or  any  three  ot  them,  lhall  ilTue  a  warrant,  under  their  hands  and  leals,  to  the  conttable- 
of  the  faid  town,  to  levy  the  fame,  by  diltrels  and  fale  of  the  offender's  gouds  returning  the  overplus,  alter  all  charges- 
are  paid. 

XVIII.  And  b:  it  further  enatled,  by  the  authority  aforefail,  that  if  at  any  time,  after  twenty  days. after  the   ratifica- 
tion of  this  act,  any  tavern-keeper,  ordinary  keeper,  or  any  other  perfons  v  hatfoever,  felling  liquor,  ox  keeping  a  pub- 
lic hou'e  in  the  faid  town,  (lull  fuffer  any  perfon  or  perlons  whatioever,  to  fn  tippling  or  dr  nking  in  his  houfe,  in  tinre- 
©f  divine  fervice  on  the  fabbath  day.,  or  lhall  fuller  any  perlon  or  peilons  toget  drunk  in  hishou/.e  on  the  fabbath,  fuch 
perfon  or  perfons  fo  offending,  fhalllorfeit  and  pay,  for  every  fuch  offence,  the  fum  often  (hillings,  proclamation  money. 

XIX.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  if  an  /  perlon  or  perfons  whatfoever,  in  the  faid  town, 
fhall,  in  one  month  after  the  ratification  of  th:s  act,  on  any  pietcnce  whatfeever,  give  credit.,  loan,  or  truft,  to  any  ma<?-. 
riner  or  leaman,  belonging  to,  or  under  the  command  of,  the  commander  or  mailer,  of  any  veiTel,  that  now  is,  or  lhall 
at  any  time  hereafter,  arrive  at  Brmfwick,  above  t.'ie  fum  ot  two  fh  Ihngsand  eight  pence,  proclamation  money,  ex> 
cept  by  the  leave  or  licence  of  the  mailer  or  commander  of  the  veiTel  he  belongs  to,  or  where  fuch  failoF  or  mariner, 
fhatl  have  l«jft  the  flip  uV  vellel  to  appiy  to  the  courts'  of  juftice,  in  any  difpute  or  controverfy  w.th  the  captain  or  com- 
mander ot  luch  flrp  or  veffel  ;  that  th^n,  and  in  luch  cafe,  he,  the  or  they,  fh-il!,  for  every  fuch  defau!.t,]ofe  all  the  mo- 
nies and  goods  fo  truiled  or  credited. 

XX..  And  be  it  further  enicld,  by  the  authority  afirefaid,  that  if  any  perfons  whatfoever  fhall  willingly  and  knowing, 
ly,  entertain,  retain,  harbour  or  keep,  or  (hall,  directly  or  indirectly,  luffer  to  be  entertained,  retained,  harboured,  or 
kept,  any  feaman  or  mariner,  belonging  to  any  veffel  aforefaid,  in  his,  her  or  their  houle  or  houfes,  exceeding  the - 
jbace  of  fix  hours,  without  Mie  privity  aid"  content  of  his  or  their  nuiter  or,  commander,  or  one  hour  after,  againit  the 
content  of  the  matter  or  cormnander  (except  as  in  the  cafe  before  excepted)  he,  the  or  they,  fo  offending,  lhall  lorfeit 
and  pav  the  fum  of  forty  (hillings,  proclamation  money,  for  every  fuch  offence. . 

XXI.  A-id  be  it  further  enaclrd,  by  the,  authority  aforefaid,  that  if  any  perfon  who  keeps  a  public  houfe,  fhali  after  the 
ratification  of  this  act,  entertain,  retain,  harbour  or  keep,  or  fuffer  to  be  entertained, retained,  harboured  or  kept,   any 
feaman  or  mariner,   belonging  to  any  veffe!  as  aforefaid,  after  eight  of  the  clock,  in  the  winter,  at  nigiit,  and  nine  of  • 
ihe  clock,  in  the  fummer,  at  n'ghr,  except  the  framen  or  mariner  hath  leave  from  his  maiier  or  commander,   in  writ- 
ing, to  be  on  Ihore  (except  as  in  the  cafe  before  excepted)  he  or  (he  fo  offending,  fh.ill  forfeit  and  pay  the  lum  of  ten  . 
Ihilliags,  proclamation  money,  for  every  fuch  offence. 

XXil.  And  be  it  further  enatltd,  by  the  authority  afire/aid,  that  in  cafe  2ny  perfon  or.  perfons  whatfoever  fhall  be. 
fued  or  moleffed  for  any  thing  done  in  the  execution  of  this  act,  he,  fhe  or  they,  fhall  and  may  plead  the  general  iffue,  ( 
and. give  this  act  in  evidence  ;  and  the  Judge  and  Judges  fhall  allow  thereof. 

X\III.   And  be  it  further  enacted,  by  the  authority  aforefaid,  that  all  penalties  and  forfeitures  by  this  act  made  and  . 
jmpofed,  fhall  be,  one  half  to  the  vefrry  and  churchwardens  of  St.  Philip's  parifh  atorelaid,  and  the  other  half  to  him  or  . 
lhem  who  will  fue  for  the  fame  ;   to  be  recovered  by  a  warrant  from  any  one  Juftice,  if  the  lum  doth  net  exceed  twen- 
ty (hillings,  proclamation  money  ;  and  it  the  penalty  or  forfeiture  exceed  that  fum,  then  by  a  warrant  from  any  two  , 
jultices. 

XXIII  George  II.     The  17  th  of  March,  1749.     O.  S. . 


Chap.  VI.  An  3d!  for  appointing  and  laying  out  a  town  on  the  plantation  of  Mr.  Samuel  Jordan,  on  tie  north  fide oj '  Roa- , 

noke  in  Northampton  County,  ;  and  for  eft  ubliflnng  two  fairs  to  be  held  annually  therein. 
I.   TT7HEREAS  the  inhabitants  of  Northampton  coun'y  have  petitioned  for  an  act,  for  appointing  a    town   on  the 
VV  plantation  of  Mr.  Samuel  Jordan,  on  the  nonh  fide  of  Roanoke  river,  in  Northampton  county  t 
II.  We  pray  that  it  may  be  enacted,  And  be  it  enac7ed,  by  his  Excellency  Gabriel  Jchnfton,  Efq  ;  Governor  by   and 
luiih  the  advice  andconfent  of  his  Majefly's  Council,  and  the  General  Afftmbly  of  this  Province,  and  by  the  authority    of  the 
fame,  that  as  foon  as  the  proprietor  of  the  faid  land  fhall  acknowledge  his  confent  and  concurrence,  in    open    court  of 
the  faid  county,  to  have  fuch  part  of  the  faid  land  laid  out  for  a  town  as  herein  after  is  directed,  S.tmuel  Jordan,    Wil- 
liam Short,  ivillia 71  Kinchen,  Francis  Ctrbin,  and  John  Daw/on,  are  hereby  nominated  and  appointed  commillioners,  and', 
they,  or  the  majority  of  them, are  hereby  inv  fted  with  full  power  and  authority,  to  lay  out  thirty  fix  acres  of  land,  on  . 
fhe, faid  plantation,  for  a  town,  by  the  name  of  Hawns  y  and  to  lay  out  the  faid  thirty  fix,  acres  into  lots,  of  half  an  act*, 


*3 

each,  with  convenient  nretts  and  fquares. 

III.  And  be  it  further  emftcd,  that  when  the  conmifTloners,  or  the  majority  of  them,  have  laid  oji  the  fifld  town 
into  lots  and  itreets,  as  aforelaid,  every  perlon  whatfoever  who  is  willing  to  be  an  ininbita  it  of  the  fa?d  town,  (hall 
have  liberty  to  take  up  any  ioc  or  lots  iblaid  out  as  aforefaid,  and  not  taken  before  ;  which  let  or  lots  the  cohitnifiVbh.- 
ers  before  appointed,  or  the  majority  of  them,  are  hereby  iaipo  >vered  to  grant,  convey,  and  acknowledge,  to  the  perfon 
or  perlons  lb  taking  i.p  the  lame,  his  heirs  and  afligr.s,  for  ever,  in  fee,  upon  tne  payment  ot  live  pounds,  proclamation 
mousy,  or  the  value  thereof,  to  the  treafurer  herein  alter  mentioned. 

IV.  And  be  it /.<> rtber  enadlcd,  by  the  authority  aforefaid,  that  William  Short  is  heieby  appointed  'treafurer  and  re- 
ceiver of  ail  luch  Inn  or  lums  of  money  as  (hall  arile  by  the  fale  of  luch  lots,  for  the  nfe  h  reafter  mentioned  j  and  on 
the  death,  or  departure  oat  of  the  government,  of  the  laid  treafurer,  the  laid  cernmflfioners,  <  r  the  major  part  of  them, 
ihall  appoint  lone  other  perfon  treafurer,  in  tne  place  of  the  laid  trealurtr  Co  dying,  or  departing  the  gbverntnent. 

V.  And  be  it  enijfcd,  by  tije  authority  aforefaid,  that  the  treafurer  that  (hall  or  may  be  hereatter  appointed  by  the 
commi.Tioners  as  a  orefaid,  Hull  give  lecurity  to  theccumy  court,  that  he  ihall  and  will  account  with,  and  pay  in  all 
the  monies  he  Ihall  receive,  tor  the  fde  ol  all  and  every  the  lot  or  lots,  thac  lhall  be  fold,  ) e-.uiy,  on  the  tvs er.ty  fifth  day 
of  March,  to  Mr.  Samuel  Jo/  d  n,  or   the  proprietor  ol  the  laid  land:-. 

V I .  Provided  akuays,  that  if  any  lot  or  lots  (hall  be  granted  or  conveyed  by  the  fa;d  commitlioners,  to  any  per'on  or 
perfons  whatfoever,  who  ihail  nor,  within  two,yeats,buikl  a  good  lubltautLl  habi'ai  Je  framed  houfe,  not  of  \e£i dimen- 
sions than  twenty  leetin  lengtii,  and  tixteen  feet  wide,  befides  fheda  or  leanioes,  or  make  fnch  preparation  lor  !o  do- 
ing as  the  co-nmiiiioners,  or  the  majority  of  them,  lhail,  on  view,  think  realonable,  fuch  grant  or  conveyance  (hall  be 
void,  and  it  is  hereby  declared  vo;d,  and  of  n.>ne.  effect,  as  if  the  lame  had  never  been  made  ;  and  the  comtniftoneiS 
may  grant  and  cotiveyfuch  lot  or  lots,  which  Ihall  no:  hi  built  o.i  within  the',time/and  in  the  manner  as  is  herein  be- 
fore directed,  to  any  other  perfon  or  perfns  applying  for  the  fame,  and  paying  the  money  lcr  the  (aid  iot,  as  in  this 
ad.  is  before  d  re  dee  J,  for  the   ti'e  of  the  (aid  Samuel  Joriatt-  or  other  proprietor,  as  aforetaid. 

VII.  4nd  be  if' further  ptaHed,  by  the  authority  afo~  efaid,  that  the  commifiiontrs,  or  the  majorry  of  them,  fit  all  be, 
and  they  are.hfereby  impowered  and  authorized,  10  remove  all  nufances  within  the  limi  s  of  the  laid  town. 

VIII.  A.ilbe  it  further  entered,  by  the  authoiity  aorefc.id,  that  no  perfon,  inhabitant  of  the  laid  town,  or  holding  a 
lot  or  lots  therein,  Ihall  indole  the  lame,  or  k'ep  the  fame  incloled,  under  a  commonifakeiei.ee  ;  but  every  Jet  there- 
w  lhall  be  paled,  or  inclofed  u'th  pods  and  ra'ls  let  up. 

IX.  And  ue  it  fwther  enucl.'l,  by  the  authority  ofrefuid,  that  all  rerfons,  pofleffbrs  or  o  vners  of  any  Jot  or  lots  in  the 
faid  town,  lhall,  within  two  years  fro.n  the  d  ite  of  tieir  grant  or  conveyance,  clear,  and  keep  condantly  clear,  their  lot 
or  lots,  from  all  manner  of  *ood,  underwood,  bruJh,  and  grubs  ;  under  the  penalty  of  one  fhillng,  procJairation  mo- 
ney, for  every  month  fuch  owner  or  owners  of  any  lot  or  lots  (hall  neglect  10  clear  or  keep  the  fame  clear  •  to  be  re- 
covered by  a  warrant  from  any  Juftice  of  the  Peace,  and  applied,  by  ihefaid  comiilioners,  for. and  towards  clearing  the 
itreets  in  the  faid  town.. 

X.  And  be  it  further- ena  fled,  by  the  authority  aforefaid,  that  it  (hall  and  maybe  lawful  for  the  inhabitants  of  the  faid 
town,  to  hold  two  fairs,  annually,  in  the  faid  town  of  Hawns,  to  wit  ;  one  on  the  lecond  Tuefday  in  the  month  ot  Oc- 
tober, and  the  other  on  the  firft  Tuefday  in  the  month  of  January,  during  the  (pace  of  three  days  at  each  tims  ;  under 
fuch  rules  and  regulations,  an.!,  as  near  as  may  be,  agreable  to  the  rules  and  regulations  thatfairs  are  ufually  held  and 
kept  in  the  kingdom  of  Great  Britain*. 


XXV  George  II.  The  27th  of  September,  1751.     O.  S. 


I. 


Chap.  XII.   An  ail  for  building  a  church  /^Wilmington,  in  St.  James'j  parifh,  in  New  Hanover  county. 

WHtRE  \S  the  church  of  St.  James's  parifh,  in  New  Hanover  county,  is  by  law  appointed   to  be   built  in  the 
town  ot  Wilmington  ;  and  whereas  many  well  difpoled  perfons  have  fubferibed  liberally  thereto^  and   a  fur- 
ther fum  is  yet  neeeflary  to,  carry  on  and  com  pleat  the  fame. :  wherefore. 

II.  Obfolete. 

III.  And  to  encourage  a  further  and  largerfuhfcription,  for  completing  the  faid  church  in  a  decent  manner,  he  ii 
tnailed,  by  the  authority  aforefaid,  that  every  fubferiber  mall  have  a  proper  place  in  the  laid  church,  to  build  a  feat  or 
pew  upon  in  proportion  to  his  fubfeription,  as  the  commifTioners  or  the  majority  of  them,  may  determine  ;  which  piece 
or  parcel  of  ground  fo  adjuded  and  let  o.T,  ihillhc  aneilateor  inheritance  to  fuch  perfon  or  perfons  his  or  their  heirs 
or  alhgns,  for  ever  :  fuch  perfon  or  perfons  building,  or  caudig  to  be  bu.lt,  luch  feat  or  pew,  as  the  commifTioners  may 
judge  proper  and  regu'ar,  foas  the  fame  be  let  up  and  finiihed,  within  fix  months  after  compleatine   the  f;;id  church. 

I   or  the   majority  ol 

James's  parifh,   fuci 

__  .-     r~  •  \  °.    —  ~~~*  —  — -Tj  ».  my  ■■•»jy>i.j  w»  >»»Mij  i"«^  jv*%4fcv-  ■n*-*^  proper* 

V .  And  tnat  the  laid  church  maybe  carried  on  and  finifhed  in  the  bed  and  heated  manner,  and  with  all  proper  ceco- 

nomy,  be  it  enacled,  by  the  authority  aforefaid,  that  all  the  members    of  his  Majedy's  Council,  Samuel  Siuann,  Jofeth 

W«*e, Wilhum  fans,  J  dm  Samtfon,  Lr*is  D'RotTtt,  and  John  Afbc,  Efijwires,  be  appointed  commiffioncrs ;  and   they* 


14  .... 

or  the  majority  of  them,  rctubnt  in  the  fa  d  pariuh,  mall  have  and  maintain  an  -clion  in  any  court  of  record  id  this 
province,  againit  any  fubfcriber  neglecting  or  retuftn^,  a.ter  demand  made  to  pay  the  motv  y  by  iiim  or  her  fubfcribed 
to  and  tor  Lu  ming  tlie  laid  church  :  and  the  comnuilicners,  or  the  majority  oi  them,  as  afw  tlaid,  are  hereby  itnp'-wer- 
ed  to  fix  upon  a  proper  plan  for  the  laid  church,  ard  to  agree  with  artificers,  to  purchaleand  get  the  materials  toge- 
ther conveniens  tor  the  huildirg,  with  all  that  may  be  necelfary  for  coinpleating  the  fame. - 

VI.  And  whereas »  piece  or  parcel  oi  land  's  already  allotcd,  and  made  over  by  Michjel  Higgins,  at  that  time  one 
of  the  proprietors  of  the  aforelaid  town  of  Wilmington^  tor  the  building  a  church  avd  church  y-rd,  the-  wnole  Contain- 
ing onlv  halt  an  acre,  w  ,icli  being  too  f.nall  tor  anl  wermg  both  purpoles  :  Be  it  tnacled,  by  the  authority  cjyelaid,  that 
thn  laid  commilhoners  (lull  bj  at  liberty,  and  they  are  hereby  iinpowereo,  to  make  ufe  ol  thirty  feet  of  market  itrcet 
for  the  front  ol  the  laid  church  to  be  feated  upon,  if  they  judge  neceflary. 

V  i  1.  A. id  tor  enlarging  the  church  yard,  be  it  enabled,  by  the  authority  tjorefaid,  that  the  commiflioners  before  men- 
tioned, ill  a  1 1  be,  and  iliey  are  hereby  impo.\ered,  to  pu,  chafe  filch  Ouiiei  parcels  of  ground,  adj  iuing  to  the  lad  half 
acre,  as  they  may  judge  convenient,  tor  the  ui'e  of  the  chnrch  a  id  church  yjrd. 

VIII.  And  be  it  further  rn.icled,  by  the  authority  ajor.faid,  ithat  it  any  lublcriber  fha'l  die  pcfiefTed  of  a  fear  in  the 
fa  d  church.,  and  no  heii  or  fiign  ot  auv  Inch  fubfcii  jer  or  iufilcrmeis  io  dying  j  o.lelied  as  aorelaid,  lliall  claim  the 
i.m:  within  three  years  after  the  ueath  of  fuch  lublcriber,  the  churchwardens  for  ine  time  being  are  hereby  impow. 
end  to  dilpofetf  the  fame,  lor  the  benefi'  of  the  laid  pirilh  ;    any  thing  in  th  s  act,  to  the  contrary,  n.otw  iihlUnd  ng. 

IX.  An  I  be  it  further  enacle.l,  by  the  authority  af,rAldt,  mac  tlie  couimillioners  Hull  yearly,  on  every  Rajter  Monday, 
if  required,  produce  a  lair  Itate  of  their  accou  t  .  witn  tlie  vouchers',  to  the  veitry  and  churchwardens  ot  the  iaid  pa- 
r.lh  of  St.  J.<m  j-'s,  ior  the  tune  being.      Ipe  tej.  CbJAete.  1 737,  4i   i;6o,  8;   1.70,   13. 

•.     ■  ■■ 

.CiiAP.  XII.    Aa  acl  to  appoint  cammiff voters,  to  receive.  collet! ,  and  app'y,  lubfctipions  towards  building  cf  a  church  in  the 

loiun  oj  BruiilvVtcJt,  in  M.  P.nl.p'i  p*rt/b,andfir  til  e>  utes  ti  ei  cin  n.tntx;itd. 
I.    VT7Hi'»EAS  l'.veral  w.ell  tiilpoled  perlbns  a  e  inclined  to  fuburi  e  ami  contribute    leveral    fums  of  n  orrv   to. 
W    wards  ouldiiig  a  church  in  the  town  of  Bruu/w'uk,   .11  the  p„nlh  of  &Yv.  J  l.iup,  and  county  of  Atw  Hanoxer  : 
for  the  more  effect  lal  coileuing  and  applyuig  the  la  d  Icblt riptioi.s. 

I.  We  pray  .t.nij  be  eua.'te  I,  anl  ie  it  en.tcled,  by  his  Excellency  Gabriel  Johnlton,  Efq  ;  Governor  by  and -with  the 
advice  aiu  con/ent  0/  bis  M.ijti,  \  'j  Council,  and  the  General  ////e>nbly  of  it/is  Proline,  .nd  ,t  i^  hereh  .<  >n  cl  d,ny  the  autho- 
rity of  the  j.  m  ,  tilt  the  honourable  Auttlevi  Rowan,  and  Jutt.es  n»lttl,  Llqi  • .  Join  Rujjtl,*  d  milium  Dry,  Efqrs. 
Richard  --Quince  and  "John  Davis,  gentlemen,  be  and  are  herehv  appointed  coiiimihiuiiei  s  w.m  lu!:  power  and  ui  horny, 
to  collect  and  receive  of  and  !roin  all  and  every  perlon  <  r  p<  r  ons  con  rbuting  to  the  bu  klmp  o»  the  laid  church,  the 
Jeveral  fum  or  fums  of  tnoDcy,  or  other  donations  wluiloev„r,  a  Inch  Mai  ,  ai  d.y  lime  hcrc..c  ,  be  by  luch  perfon  or 
perfons  feverally  lulVfcrthed  and  contributed! 

III.  A.iabe'U  farther  en.iclzd,  by  the  uut..ority  afo-efuid,  that  in  cafe  any  perlon  or  pcrfens,  fubfir  bii  g  or  conrribu- 
tlhgVs  aforefaiJ,  m>  or  tne.r  iieirs,  executors,  or  aduunttrators.  Ihall  negl  ct  or  reiule  to  pay  to  the  laid  ominilii  >r.crs, 
or  the  majority  of  them,  or  their  order,  tn-  lura  or  funis  bj  ih.,11,  their  anccitors,  ttlta-.ors,  or  tntella'es,  relp  dvcly 
fublcnbed,  g:ven,  b  ■  ijueatiied  or  contributed  as  ..forelaid,  it  dull  and  may  be  lawful  to  and  tor  the  faitf  cotiiniflioners, 
or  the  major  ty  ot  them",  for  the  ume  being  to  niaintai)  an  action  or  act'i  ns  in  thei  own  names,  ag  unit  fuch  person  or 
persons riegie&n  -  or  retu'.ing  as  aiorela.d,  in  any  court  v>  hhin  tuis  province,  wherein  the  la  ue  is  cpgnizablc. 

IV.  And  bi-iuita.ted  iy  the  uuthoritv  a/o^efard,  tha.  mi  cafe  of  the  death,  departure  out  ot  il.e  ]  aril!',  <  r  r'/ufal  to 
aft, of  any  of  the  lai  1  cximuiiliioner  ,  1.  Ih.dl  be  laulul  :oi  ihe  reman  ing  coiiMliiiiluuer^  t  .^etlur  with  t  ie  cl  urchward- 
ens  a, id  veftryof  the  ia  d  parilh  tor  the  time  bemej  to  choo  e  and  appoint  another  comm  Ihoi  t.  r ,  in  ti.e  room  of  luch 
comm  llio.ier  dyi'-g,  dep.irtaig  the  [arilh,  or  reltui.ig  to  ^€1  asaforefaid^  and  ti.e  coinmdlioiier  £j  elected  and  .)  point- 
ed, lhall  be  ii.veittd  w;ih  all  the  po*ers  and  au;hi'ruus  oi  any  other  C(  mn.  Ifli  mr  a|  \  oiuird  by  this  aft. 

V.  And bt  it  fuit'H-r  tn 'i ted,  by  the  authority  t.Jcri-/,././,  tiiat  tit  d  \nal  Wmf.tt  " ■«'•  M,  Ot  other  dt ma: ior s  whatfee- 
ver,  which  llnu  oe  collected  or  received,  by  virtue  ot  tins  act,  (hail  be  applied  by  tne  fnd  iomm:|]ii»  ,er=.  or  ihe  major- 
ity  of  them,  Iron  time  10  tune,  to-  and  towards  bidding  a  cliiiieli  in  t  ie  toun  ot  L-tutiJu.e.  a  orciaid,  and  towards  pur- 
chafing  a  g  ;be,  and  >u  Id.ug  a  m  mlion  home  for   r  e  U  e  cf  the  f.nd  |  arilil. 

VI.  ^t!  I  be  it  father  enacted,  tnat  ihe  commillioners  ipoomied,  or  :o  .>e  appointed  by  virtue  of  this  acl,  flull  ac- 
count, uroiioath,  v  iiiHhevelh)  ol  the  ia  d  ,  ;a  if  ,  <i  /-./  et  A  tr.u?  H.viiy  >tl,i,ki  ;.  1  tleniiii'es,  or  other  dona- 
tions v.hicii  they  ore  iher  ot  intnuhall  ieceive,$or  the  nic  and  purpoles  nei  em  t,ej«Tc-  inentiolicfl,  inider  the  p -nalty 
of  ei  pound,,  proclvnatioi.  money,  tor  eaili  comii  tti  ui.it  r.  loin  g  .  r  n.  gh  tt.i;,  toa.mii  a's  afore  laid  ;  «o  b-  reco- 
vered by  the  church  .v.iid.'ib  pi  the  laid  paruii  for  the  tmie  bemg,  lor  the  uie  oi  the  hid  panlh,  in  aiy  conn  ol  record 
.Within  mis  province,    Aheiein  the  fame  \%  cogn .caDie.      i;<o,   ii. 


CHAr.  XIV.    An  acl  to  , pboint  a  conve.nitnt  place  fo-  holding  the  cow  >y  cowt  of  Duplin,  and  tu  imfhw'er  the  commtffialu 
ers  therein  n  1  tied  to  bu  U  a  curt-trnje  ft,  i/on  and/Jtu  *a,  ii»  Vel.au  ,   unly,  ami  fot  enlargirg  the  b,unds  tbertlf. 

Wiliv.KA>  bv  an  act.  imituitd,  un  ..cl  tor  ,1  tcli-tK  ti.e  /■•/  '  p  >t  of  New  Hai.oxcr    cunty    into  a  county   and 
patjb,  by  thciumc  cfDaA.a  ^uat/t  a>u  iV.  O^ofietV  r..,  j,:,  „„d 4  or  ^p/u.t.rg   a.pUej  .r  luilU.,^  a  cOurf> 


1$ 

houfe,  pnfoit,  and  ftocfo,  hi  the  fall  county,  *amonoft  other  things  it  was  rnaifred,  that  the  Jtiirices  of  the  faid  court,  or 
the  mijority  of  t  iem,  at  t,.e:r  firlt  mee  nig,  ftiou.d  nominaie  and  dppomt  a  convenient  place  within  the  fair!  county,  to 
bold  acourt.h.mfe,  prifm  .mil  itock,  j  winch  ia.d  J  ultices,  being  iAea  unacquainted  with  the  bounds  of  the  faid  county, 
did  by  order  ot  .be  fa.d  con.t,  appoint  apUce  whereon  to  build  a  court  houle,  pnfon,  and  Hocks  ;  which  faid  place, 
on  examination,  is  found  10  be  w  ithih  ten  miles  oi  the  eattei  n  bound*  of  the  faid  county,  to  the  great  inconimodity  and 
detriment  of  the  i  ii.abitant.  thereui  a -tending  the  laid  court  :   wherefore, 

II.  We  pray  it  may  be  enacted,  and  be  it  tnacled,  by  his  Excellent}  Gabriel  Johnflon,  Efq  %  Governor,  b%  and  ivith 
the  advice  and  confent  of  his  MajcLy's  (  outtcil,  and  the  General  Ajjtlttbty  of  the  J.iiu  Province,  and  bv  the  authority  of  the 
fame,  that  the  ecu  t  houle,  pi  lion  and  lfocks,  tor  ihef.nd  county  pf  Duplin,  inall  be  fixed  as  near  ihe  centre  ot  the 
faid  county  as  conveniently  tan  be,  and  that  Mr.  Arthur  Bli.ckman,  iVir.  Anthony  Williams,  Mr.  William  M'Cee,  Mr. 
johu  Bi  ock,  of  Vutin  county,  and  Mr.  tViiliam  Mills,  ut'0/fljw  county,  or  the  majority  of  them,  are  hereby  nppom  ted, 
upon  their  oaths,  to  fix  the  molt  convenient  and  centred  ptace  in  the  laid  county  to  build  the  laid  court  lu,u;e,  prifon, 
and  ltocks:  on  ;  and  their  proceedings  theieon  return  to  the  next  bounty  court,  afte.  they  or  the  majority  of  them^hail 
agree  tn  c.ie  fam  •• 

ill..  And  be  it  friher  en  idled,  by  the  authority  aforefuid,  that  Mr.  George  Mears,  Mr.  William  H'.uf: 'on,  and  Mr. 
Jofph  Williams,  be,  and  tuey  are  hereby  appointed  coiiinnilioners  for  erecting  and  building  the  laid  court-houle,  prifon 
aiuUtotk  , ;  and  alio  to  contract  »nd  agree  with  wcukiiien  to  nuiid  the  lame,  of  lueh  dimeullous  as  ihall  be  agreed  oil 
by  the  county  court. 

IV.  And  tor  deiraying  the  exppnce  thereof,  be  it  enaded,  by  tie  author ;ty  afort  faid,  that  fo  much  of  the  tax  laid 
upon  the  inhabitants  of  the  laid  caunty.and  already  collected,  as  well  as  wJiat  hereafter  may  be  collected,  for  and  o* 
varJs  bit  id  n_r  tne  court  houle,  prilo  ,,  and  itocks,  ihall  be  b>  the  (heriffof the  laid  county,  accounted  lor  and  paid 
Unto  tne  alore-inentioi  ed  coivmhlioi cr,  and  be  by  mew  applied  lor  and  towards  building  the  court-houle,  prifon. 
and  ltotks,  in  rh  s  act  mentioned  to  be  bun*. 

V.  And  tx  it  en.  tied,  by  tie  authority  (ifcttjfiid,  that  the  claufe  in  the  before  recited  acT,  fo  far  as  relates  to  the  ap. 
pointing  a  p:ace  for  budding  a  tourt-houie,  pnio,,,  and  itocks,  and  building  the  l«me,  be  and  is  hereby  repealed,  and 
i;,a!e  void,  to  all  intents,  purpoies,  and  conitruCt  ons,  as  :t  the  lame  had  never  been  mad-?. 

VI.  And  whereas  t  e  dividing  line  between  Xeu  Hanover  county  and  Duplin  is  circumfcribed  by  Cohe-v,  by  whi.  h 
r-i  a. is  a  long  n  irro.v  iti  4pe  of  lanJ,  between  the  laid  tphtfy  and  Black  river,  Hill  ren  ains  in  Nev)  Hanover  county, 
v  Ivch  rehdfcrs  i.  .'ery  inconvenient  to  the  inhabitants  dwd.i  g  thereon  to  aueud  the  courts  at  Wilmington,  bv  reafort 
o!  i.s  great  diitance  thereirom  :  b  it  tie  freeiacled,  by  toe  authority  aj 'ore/aid,  t  at  the  line  becween  the  laid  coun- 
ties (bail  be  co  itinued  from  the  |  Lee  whe.cCjj  ry  and  the/iix  runt  meet,  by  a  weir,  courfe,  until  the  lame  ftrikjss 
LL.ikrivir,  ai  d  from  thence  t  ie  entity  ol  Duplin  ih..;i_he  bounded  by  Black  river,  up  10  the  mouth  of  Black  Minm 
cireL,  tlieiKe  up  the  faid  creek  to  the  n  on  \  A  tile  iaid  county  ;  any  thing  in  the  act  for  erecting  the  upper  part  of 
Arw.Ha>ovd  county  into  a  counts  and  u-rilh,  by  .the  name  of  Lup'm  .ouuty,  and  St.  Gabriel's  pardh,  for' 'lie  appoint. 
inn  a  p^ce  tor  Buutlibg'a  court  boiifi,  [  i  Hon,  and  ilecks,  in  the  I- id  cc  umy,  concerning  the  bounds  ol  the  laid  county 
to  the  contrary,  not w;thlt:.nding.      "N.   C.  L.  3,   I749,   I,    137;    1754,   11. 


XXV  Gi  oiigr  IJ.     The  31ft  of  March,  1752,     O.  S. 


Cap.  VII.  Ana&f4rapp.imhtg  undlayvg-ut  ato-axn  at  Blackmails  landing,  on  the  weft  fide  oj Caih  river,  on  a  plan. 

t.  liui  belonging  to  Jolepil  \V  imberly . 
h    \/\7HE'?  EAS  ™3ny  °f  the  "l!l:';  '  amb  °'  $ert'e*9"W.  harts  petitioned  for  an  aft  for  appoinfng  a  •■<>„  n  at  a  jlace 
\  V    cal.ed^/«  k»n-n's  t,ndmg,  on  tne  welt  Ude  of  Ca/w  i  iver  on  a  plantation   belonging  to  Jo/eph  li  i..ut  !v   and 
t!'at  co 'miilliontrs  :i:ay  be  appointed  I'm-  las  nig  out  the  fame  :  "' 

II.  W(J  p-ray  ii  m,v  be  euaciea,  Aid  be  n  erailed,  by  hi,  Exce.'lencv  Cabrie!  Johnflon,  Eft  ;  Governor  by  and 
•u;!li  he  ad,  „  etrd  ovum  ot  ,is  ■><Jtly'J  Council,  «ndti:e  Cener, Ujfembly  of  this  Province,  and  by  the  authority  <f  the 
fame,  that  as  loon  as  *e  ,  roprietor  of  tne  laid  land,  at  the  plate  c  .1  ed  Btackm,n's  Landing,  Ihall  ackito*  ledge  his  coa- 
ftnt  and  cone  rrenc-.  m  o.«n  ,»,r,  uf  tne  laid  c. .  .;v,  to  have  hTrv  acres q|  la  id  1. id  out  lor  a  to-vn,  as  herein  after 
H  dn  t-cted.  ir  Bulls  d  ni  w  be  lawful  for  Thorny  Woitnill,  J  ,b„  Hill,  mk\  1<An  Hcartt,  who  are  h  -rebv  r.omin  neu  and 
arpo-nt,  ,1  on.  in  (no  •  r-,  v.  ;t,.  t  .1  power  and  authority  to  lay  out  h  .y  acres  ol  land,  at  the  laid  place  CalVd  BUck- 
»ums\tr  cluv,  io,  a  -ov  n,  b)  t.  e  11..11  e  o[./i  i»boi)  ;  at  d  ihey,  <  r  the  m.joipart  of  tKem,  are  herejy  direcled  anditn- 
|o,ered,  to  l.iycu..  htiv  acre,  of  land,  at  ami  .,d>niug  -he  laid  landing,  line  lots  of  hail  an  ace  each,  vwth  eunveni. 
tot  tire  is,  and  a  pace  lit  a  church,  and  nVrk'et. 

I'l  Anlbe  itturlhere>u;^d,l,v  tre.u.tlority  afortfil  that  when  the  coru-rimVnrrs  as  af<reOid,  or  the  ma;o-  part 
of  them  have  aid  out  fe  laid  :o„  „  in  in  li.ier  Ss  atoie'aid,  every  rerfon  „  hatloeeer  ,v  ,10  ,s  «  .11,.,,  ,t,  b^  an  inhabit 
«.t  ..'the  laid.  „vn,  Ihall  have  liberty..,  take,  p  any  let  .  r  lois  |o  la  d  .«  u.  as  .tor.lind.  and  „..t°l-.  ,.  r.  „fc.  H  lT  . 
Vh;ch,'"  'VV  V  eilf  •' Owners,  rr  the  majori'c  „,  l(.enij  are  h,  re!  v  w  powered  ..nd'd  mied,  to  «„-„...  conve* 
a  d  rtkho^a^,  b.  deed,  to  the  period,  or  rfr«onj  Io  .ak.nK  i,p  chc  iaoje,  anu  ..si.c.r,  a.d  *%M,  for  ever,  111  J. 
liu,,.e,  urza  pajiueiu  of  tj.rty  fi.iln:  g^  ^ci.u^iiuu  niv.e^.  fa  ' 


J* 

IV.  jfndbett further  tne&edyly  tie  authority  afiirrfaicl,  thar  Mr.  Robert  Hunter,  hf]  snr!  he  is  hereby  appointed 
treafurer  and  receiver  of  all  luchfumand  fums  of  money  which  (hall  arils  bv  tae  (ale  of  the  laid  lots,  for  the  ufe  of  the 
faid  Jqfeph  Wimberly,  his  heirs  and  affigns  ;  and  on  the  death  or  departure  out  of  V\e  goXwntnen-t  6F  (  be  laid  treafurer, 
fhe  faid  commiifioners,  or  the  majority,  of  .hem,  fhall  appoint  f.jine  other  perlon  in  the  place  of  the  fed  treafurer. 

V.  And be  it  further  entiled,  by  the  authority  aforefaid,  t.tai  the  treafurer  her-'  ifer  apposite  1  aid  every  treafurer 
that  may  be  h:re3fter  appointed  b/ the  commiifioners  as  aforefaid,  (hall  give  lecur  tv  'o  ihe  county  com  r,  that  he 
flia!l  and  will  account  anil  pay  in  all  the  monies  he  ihall  receive  by  the  file  of  all  and  sverj  the  lot  and  lots  that  ihall  be 
fold  in  each  year,  on  the  twenty  filth  day  of  March,  yearly,  to  Mr.  J^ijeph  IViminrly,  h  s  heirs  or  aligns. 

VI.  Provided  always,  that  if  any  lot  or  lotsJiiail  be  granted  and  conveyed  by  the  fiij  com  n  -V-  n  ?s  to  any  perfoa 
or  perlons  whatloever.  who  Ihall  not,  wiihm  eighteen  months,  build  a  got  d  fuoita  ) rial-habit abr<  1  i  nU)  i-.r  ick  hooie, 
jiot  of  lets  dimeuQons  than  twemy  feet  in  iengen,  and  fifteen  feet  wide,  vim  a  brick  chimneVjhKh  -ranr  or  conveyance 
frail  he  void  and  ot  none  eifeft,  as  il  t>e  fame  had  m  v^r  been  made  ;  and  the  com.!), limners  may  t  I  ant  and  convey 
luch  lot  or  lots  which  ih  ill  not  be  bu.lt  on  within  the  time,  ami  in  the  manner  as  a  before  directed,  to  any  other  per* 
Ion  or  perlons  applying  for  the  lame,  and  paying  the  money  for  the  laid  lot  or  lo;s,  as  is  in  th.s  aft  be.'ure  dircdt^d,  (or 
the  ufe  of  the  laid  Jofph  Wimberly,  his  heirs  or  afligiia,  as  aforefaid.. 


XXVI  Gsorge  II.     The  27th  of  March,  1753.  N.  S. 


Ghap.  II»  An  acT~fur  appointing  and  laying  out  a  tow-n  on  Core  Banks,  nsar  Ocacock  in'et,  in  Carteret  coun'y,  an  '  for  ap^ 

p,i:ting  co-mn'ifjiomrs  for  complealing  tb.~  fo-.'  at  or  mar  ths  funic  place. . 
I.  VT7HEREAS  the  trade  of  this  province  is  greatly  obitructtd  by  realon  ot  the  (hoals  which  .lay  within  Ccacock 
V  V  inlet,  fo  that  the  merchants  and  other  traders  are  obliged  to  employ  f.nall  veDTe's,  in  lightening  others  of  great- 
er burthen  over  the  (watch,  which  is  not  only  very  expenfive,  but  alio  very  dangerous,  lor  veiT.ls  ot  large  burthen, 
laying  a:  the  fwatch,  during  the  time  they  are  fo  lightening  over  it,  notwith'ftandjng  ft]  ps  of  very  great  burthen  may 
with  great  lafety  come  over  Ocacock  inlet,  and  commodioufly  ride  at  anchor  in  the  harbour  adjoining  Core  Banks; 
and  as  it  is  found  by  experience  that  the  merchants  trading  in  Albemarle  county,  Pamb'ico,  and  Neu/'e  rivers,  are  obli- 
ged to  fend  do.vn  to  Ocacock  inlet  or  Core  Banks,  femetimes  the  whole,  and  almoit  always  one  half  of  the  loading  of  their 
veffels,  of  any  conlklerable  burthen,  to  that  it  is  abfolutel,-  necefiary  to  have  warehouses  and  other  conveniences  on  the. 
faid  banks,  near  the  faid  harbour,  tor  the  reception  and  fafe-keeping  of  the  commodities  they  are  conftantly  obliged  ta 
fend  down,  for  comrl-a.ing  the  loading  of  their  fhips  : 

II.  We  iherelorefore  pray  it  may  be  enacted,  And  be  it  enacled,  by  the  Honourable  Matthew  Rowan,.  Ejq  %  Prefident^ 
by  and  with  the  advice  and  confent  of  his  Maje/ty's  Council,  and  the  General  Jl I fembly  of  this  Province,  and  i.y  the  author!' 
ty  of  ihe  fame,  that  it  Ihall  and  may  be  lawful  for  Mr.  Joftph  Bell,  of  Carteret  county,  Mr.  John  Williams,  and  Mr. 
Jofph  Lteoh,  of  Nevtbtrn  town,  Mr.  Michael Coutanch,  of  Bath  town.  Mr.  JoJm  Campbell,  of  Edcnton,  or  any  .  three  of 
them,  who  are  hereby  appointed  commifiioners,  with  fall  power  and  authority  to  lay  out  fifty  acres  of  land  on  Core 
banks,  moll  convenient  to  the  laid  harbour,  adjoining  the  (aid  banks,  for  a  town,  by  the  name  of  Porijmouth,  into  lot* 
of  half  an  arre  each,  with  convenient  ffreets,  as  they.. may  think  requifits. 

III.  And  be  it  enailcd;  by  the  authority  afore/aid,  that  whan  the  commiffioners  aforefaid,  or  the  major  part  of  them, 
fhall  have  fo  hid  out  the  town  in  manner  afore(aid,  every  per  Con  whatfoever  who  is  willing  to  be  an  inhabitant  of  the 
faid  town,  (hall  have  liberty  to  take  up  any  lot  cr.lots  of  1  nd  fo  1  id  out  as  aforefaid,  and.  not  before  taken  up,  which 
lot  or  lots  the  commifiioners,  or  the  majority  «f  them,  are  hereby  inipowered  and  directed  to  grant,  convey,  and  ac- 
knowledge, by  deed,  to  the  perfon  or  perfons  to  taking  up  the  fame,  and  his  or  their  heirs  and  alligns,  for  ever,  in  fee* 
fimple,  upon  the  payment  of  twenty  (hillings,  proclamation  money, 

IV..  And  he  it  further  enacled,  that  Mr.  Jofeph  Belt  be,  and  is  hereby  appointed  treafurer  and  receiver  of  all  filch) 
monies  which  Ihall  arife  by  the  fale  of  the  faid  lots,  for  the  ufe  of  John  Kerfey,  t.ie  now  proprietor  of  the  laid  land,  his 
heirs  and  affigns  ;  and  on  the  death,  or  departure  out  of  this  goyernment,.of  the  faid  treafurer.  or  any  one  of  the  be* 
fore  mentioned  commiifioners,  that  the  faid  commiifioners,  or  the  majority  of  them,  fhall  appoint  lome  other  perlon  (in 
ihe  place  of  the  faid  treafurer  or  comniiffioner  fo  dead  or  departed)  in  the  place  or  county  where  the  laid  treafurer  or 
commiffioner  fo  dead  or  departed  did  reticle. 

V.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  treafurer  he  rt  in  appointed,  and  everv  treafurer  to. 
be  chofen  or  elected  by  virtue  of- this  aft,  fhall  give  fecurity  to  the.  county  court  of  Carteret,  that  he  (hall  and  will, 
from  time  to  time,  account  and  pay  in  all  the  monies  he  fhall  receive,  by  the  fale  of  all  and  every  lot  or  lots  that  (halt  be. 
fold  in  each  year,  on  the  twenty  fifth  day  of  March  yearly,  to  the  faid  John  Kerfey,  his  heirs  or  affigns. . 

VI.  Provided,  that  if  any  lot  or  lots  of  land  flnll  be  granted  and  conveyed,  by  the. faid  commiifioners,  to  any  perlon 
or  perfons  whatfoever,  who  fhall  not,  within  eighteen  months  after  the  (aid  conveyance,  build  a  good  fubltantial  habit* 
able  framed  or  bric'»  houfe,  or  a  good  fubltantial  warehoule,  of  not  lefs  dimenfions  than  twenty  feet  in  length,  and  fix- 
teen  feet  wide,  fuch  grant  or  conveyance  (hall  be  void  and  of  none  effect,  as  if  the  fame  had  never  been  made  ;  and 
the  commiffioners  may  and  Uiall  grant  and  convey  fuch  lot  or  lots  to  any  other  perfon  or  perfons  applying  for  the- 
laiue,  on  thsir  paying  the  money  for  the  faid  lot  or  lots,  as  is  in  this  aft  before  directed,  for  .lie  life  of  the  (aid  Jibuti 
tfcrjry,  proprietor  of  the  laid  land,  his  heirs  or  afiijyis  afore/aid.      The  reft  Obfoletc, 


l7 

XX7II  George  IT.     The  19th  of  February,   1754?  

Cm. P.  IX,  An  aft  ft  appoint  ami  lay  out  a  trmi  on  She  plantation    of  Mr.   Henry  Skibbow,   on  the  raff  fide  of  tie  North 

Ea^  branch  of  Cape-Fear  river,  at  'a  place  called  the  Sand  nil!,   una  to  appoint  an  infpeclor  in  tbefuid  town,  ar.d  :thtr 

purp'jfes  therein  Mentioned, 
I.    VT7HEREAS  the  inhabitants  of  New  R inner,  Cnjlow,  and  Duplin  counties,  have  petitioned  for  an    aft  to  ap- 
V  V  point  a  town  on  the  plantation  of  ffenry,  Skihbow  on  the  eaft  tide  ot  the  north  call  branch  of  Cape  Fear  river, 
.in  Ne-v  Hanover  county,  at  a  place  called  the  Sand  hi!!,  and  to  appoint  an  infpector  tor  the  laid  town  : 

H.  We  therefore  pray  that  it  may  be  en;.c"ted,  and  te  it  eraclid,  by  the  Honourable  fylattLew  Rowan,  Efq  ;  Pre(ulaitt 
' andconvnandet  in  chief,  by  and  with  the  advice  and  confent  ot  his  .llajefiy's  Council,  ar.d  the  General  Affembly  of  this  Pro. 
vin-e,  and  by  the  authority  of 'the  fame,  thit  as  foou  as  the  proprietor  of  the  faid  land  (hall  acknowledge  his  confent 
and  concurrence,  in  open  court  of  tlie  laid  county,  to  have  fuch  part  cf  his  land  laid  cut  for  a  town  as  he*  ein  after  is 
directed^  'Alexander  Lill'wgton,  Samuel  AJbe,  Thomas.  MLirick,  John  Gardner,  and  Henry  Skibbozu,  are  hereby  nominated 
and  appointed  commillionei  s  ;  and  they,  or  the  majority  of  tnem,  are  hereby  inverted  with  full  power  and  authority 
to  layout  forty  acres  of  land  on  the  laid  plantation  for  a  town,  by  the  name  of  New  Exder.  and  to  hy  out  the  faid  for- 
ty  .acres' into  lots  of  halt  an  acre  each,  with  couvenientitreets  and  lquires,  for  a  church,  church  yard,  and  market  place. 

HI.  And  be  it  further  enacled,  that  every  perfon  u  hatfoever  who  lhall  be  willing  to  bean  inhabitant  of  the  faid 
town,  (hall  have  liberty  to  take  any  lot  or  lots,  fo  to  be  laid  out  as  aforefaid,  and  not  before  taken  up  ;  which  lot  or  lots 
the  faid  comTrflioners,  or  any  two  of  them,  are  hereby  directed  and  impowered  to  grant,  convey  and  acknowledge,  to 
•  the  pe  fon  or  perlons  fo  taking  up  the  fame,  and  to  his  or  their  heirs  ar.d  alliens,  for  ever,  in  fee  ample,  upon  the 
paymfnt    ot  forty  fliillings,  proclamation  money. 

1  V.  And  be  it  further  enacled,  that  if  any  cf  the  above  commiffionrr;  mall  refufe  to  ad,  or  die,  or  remove  out  of 
this  prov  nee,  tint  then  the  remaining  commillionei  s,  or  the  majority  of  them,  (hall  elect  anil  chule  a  nother  per  fon  or 
perfons  commillionei-  or  commiffioners  aforefaid,  in  the  room  and  head  of  fuch  perfon  or  perlons  fo  refufing  to  acT,  or 
that  lhall  die  or  remove  as  aforefaid  ,  and  luch  commiffioner  or  commiffioners  fo  elected  and  cbolen,  are  hereby  verted 
with  tit  lame  poj.vexs.and  authorities,  andlubject  to  the  like  rules  and  regulations,  as  the  corami'honers  appointed  in 
virtue  of  this  act. 

V.  And  be  it  enacled,  by  the  authority  aforefaid,  that  John  Gardners  hereby  appointed  treafprer  and  receiver  of  all 
fuch  lum  or  turns  ot  money  as  fhall  arile  by  the  fale  ot  luch  lots,  for  the  ufe  herein  after  mentioned  ;  and  on  the  death, 
or  departure  out  of  the  government,  of  the  faid  trealurer,  the  laid  commiffioners,  or  the  major  part  of  them,  (hall  ap- 
point foine  other  penon  trealurer,  in  the  place  of  ttie  laid  trealurer  fo  dying  or  depart  ng  th;  government. 

VI.  Ail  be  it  enacled,  by  the  authority  afore/aid,  that  the  ireafurer  aforelaid,  and  every  trealurer  that  lhall  or  may 
be  hereafter  appointed  by  the  c  >ui  nilliohers  afjrelaid,  fhall  give  fecunty  to  the  county  court,  that  he  fhall  and  w  ill  ac- 
count with  and  pay  in  all  the  monies  he  fhall  receive  for  th  •  lale  of  all  and  every  the  lot  or  lots  that  fhall  be  fold,  year- 
1)',  on  ihe  twe-uy  lifth  day  of  March,  to  Henry  Skibhow,  or  the  proprietor  cf  the  laid  lands. 

VII.  Provided  always,  that  if  any  lot  or  lots  flvdl  be  granted  or  conveyed  by  the  laid  commiffioners  to  sr  y  perfon  or 
perfons  whatloever,  who  fhall  nat  within  two  years,  build  aigood  fu&flancial  hab  tabic  framed  or  brick  houfe,  of  net 
lels  dimensions  than  twenty  feet  in  length,  and  fifteen  feet  wide,  belides  fheds  or  leantt  es,  or  make  preparation  for  fo 
doing,  as  tlie  co  nmihioners,  or  the  majority  of  the.n,  fhall  think  reafonable,  luch  grant  or  conveyance  lhall  te  void, 
and  it  is  hereby  declared  void  anJ  of  none  effect,  as  if  tlie  faai2  had  never  been  made  ;  and  the  commiffioners  ma/ 
grant  or  convc  /  luch  lot  or  lots  as  is  herein  before  directed,  to  any  other  perfon  or  perfons  applying  for  the  fame, and 
paying  the  money  tor  the  laid  lot,  as  in  this  act  is  before,  directed,  for  the  ufe  of  the  faid  Henry  Sktbbow,  his  heirs  and 
aJfigns.. 

VII f.  And  be  it  further  enacled.  by  the  authority  aforefaid,  that  the  commifTtcners,  or  the  majority  cf  them,  fhall 
be  and  thev  are  hereby  impowered  and  authorifed,  to  order  the  removal  of  all  nufances  within  the  limits  ol  the  faid  town. 

IX.  A  d  b»if further  enacled,  by  the  authority  aforetcid,  that  no  perlon  inhabitant  of  the  laid  town,  or  holding  a  lot 
or  los  therein,  fhall  indole  the  lame,  or  keep  the  fame  incloied,  under  a  common  flake  fence,  but  every  let  therein 
lhall  be  paled,  or  inclofed  \\iih  polls  and  rails  fet  up. 

X.  And  be  it  further  enacled,  by  the  authority  afo-  efaid,  that  all  perfons,  pcflefTors  or  owners  of  ar.y  lot  or  lots  in  the 
faid  town,  lhall,  within  two  years  from  the  date  of  their  gram  or  conveyance,  clear,  and  keep  tonftantly  clear,  theic 
lot  or  lots,  from  all  manner  of  wood,  iind°r\  ood,  bruin,  and  gtubs,  under  the  penalty  of  two  milling',  proclamation 
money,  for  every  month  fuch  owner  or  oa  ners  of  any  lot  or  lots  fhall  neglect  to  clear,  or  keep  the  fame  clear  ;  to  be-, 
recovered  ay  a  warrant  from  any  Juftice  of  the  Peace,  and  applied  by  the  laid  consjiilfioners  for  and  towards  clear*. 
»<£  the  ltreets  iu  the  laid  town.     The  rejl  repealed. . 


i8 

Chap.  XI.  An  alt  to  amend  an  ail  intituled,  an  aft  to  appoint  a  convenient  place  for  holding  the  county  court  of  Du~ 

plin,  and  to  imjower  the  commifiioners  therein  named  to  build  a  court-houle,  prifon  and  flocks,  in  the  laid  county, 

and  for  enlarging  the  bounds  thereof,    p.   14. 

t.    r  T  7HEREAS  in  and  by  the  before  recited  aft,  Mr.  George  Mears,  Mr.  William  Houflon,  and  Mr.  Jofepb  Williams, 

VV   were  appointed  commifiioners  for  erefting  and  building  a  court-houle,  prifon  and  flocks,  in  the  faid  county  ; 

and  alfo  to  contract  and  agree  with  workmen  to  build  the  lame,  of  fuch  dimenfions  as  fhall  be  agreed  on  by  the  coun- 

ty  court  :  and  whereas  fie  building  the  laid  court-houle,  prilon  and  flocks,  is  retarded,  and  wholly  flopped,  by  reafon 

the  faid  a£t  doth  not  impower  the  laid  George  Mears,  William  Houjton,  and  Jofeph  Williams,  or   the,   majority  of  them, 

to  build  the  faid  court-houfe,  prilon  and  flocks,  in  the  faid  county  : 

IJ.  We  therefore  pray  that  it  may  be  enafted,  and  be  it  enacled,  by  the  Honourable  Matthew  Rowan,  Efq ;  Prefident,  and 
commander  in  chief,  by  and -with  the  advice  and  conftnt  of  his  Majejry's  Council,  and  the  General  Ajfembly  •/  this  Province, 
*nd  by  the  authority  0*  the fame,  that  the  faid  Mr.  George  Mears,  Mr.  William  Hsufion,  and  Mr.  Jofeph  Williams,  or  any 
two  of  them,  are  hereby  impowered  to  build  a  courMioufe,  prilon  and  ltocks,  in  the  faid  county  of  Duplin,  and  alio  to 
contract  and  agree  with  workmen  to  build  the  lame,  of  fuch  dimeulions  as  is  or  lhall  be  agi  eed  on  by  the  court  of  the 
laid  county. 

III.  Andbe  it  further  enatltd,  by  the  authority  afo~efaid,  that  the  court  of  the  county  of  Duplin,  fhall  appoint  three 
perfons,  freeholders  m  the  laid  county,  whp  on  their  oaths,  fhall  value  the  land:,  fixed  on  by  Mr.  Arthur  Blackman,  Mr. 
Anthony  Williams,  Mr.  William  M'Qee,  Mr.  John  Brock,  and  Mr.  William  Mills,  or  the  majority  of  them,  for  building 
the  court-houfe,  prifon  and  Hocks,  in  the  faid  county,  and  an  account  of  fuch  valuation  (hall  return  to  the  next  county 
court  thereafter  to  be  held  for  the  faid  county  ;  and  the  amount  of  fuch  valuation  the  laid  county  court  fhall  pay  to 
the  proprietor  or  owner  of  the  faid  land,  out  of  the  tax  to  be  railed  in  virtue  of  an  act,  intituled,  An  ail,  jar  ereij- 
\ng  the  upper  part  of  New  Hanover  county  into  a  ctunty  and  parifh,  by  the  name  e/Duplin  county,  and  St .  Gabriel's  par'-fh, 
and  for  appointing  a  place  for  building  a  court-houfe,  prifon  andjtocks,  in  the  faid  county  ;  which  laid  valuation  and  pay. 
jnent  of  the  lame  to  the  faid  proprietor  or  owner,  entered  on  the  records  of  the  laid  county,  fhall' be  a  good  and  fnlfici- 
entitle  to  the  faid  county,  for  the  faid  land  lo  valued,  paid  for,  and  recorded.      /v*.  C>  L.   1749,   1,   137. 

Chap.  XII.  An  ail,  to  appoint  a  convenient  place  for  hiding  the  county  court  of Orange,  and  to  impov^er  the  commijfoners 

hereafter  named,  to  build  a  court  boufe,  prifon  and J locks,  in  the  faid  county. 
I.  YT  7HLREAS  by  an  ad,  inti  uled,  anacl,for  dividing  purt  (/Granville,  Johnlton,  WBladen  counties^  intTacou*. 
VV  ty  and  parifh,  bv  the  name  of  Orange  county,  and  the  p  rif)  of  St.  Ma.  thew , and  for  appointing  ve/fry  men  for 
the ft lid pari/fj,  and  other purpofes  therein  mentioned ;  among  other  things,  it  was  enacted,  that  the  jultices  of  the  laid 
court,  at  the  court  to  be  held  for  the  faid  couu;y  at  the  houfe  ol  John  Gray,  on  the  lecond  Tuefday  in  June  next  after 
nalfing  the  faid  aft,  or  the  then  next  fucceeding  court,  fhould  agree  on  and  appoint  a  place  for  building  a  court-houle 
prifon,  and  flocks,  in  the  laid  county  ;  which  laid  Jultices  being  then  unacquainted  >viih  the  bounds  of  the  laid  county 
did,  by  order  of  the  faid  court,  appoint  a  place  whereon  to  build  a  court-houfe,  prifon,  and  ltocks  ;  which  l"i  id  place 
on  examination,  is  found  to  be  within  fifteen  mile,  ot  the  weft  line  of  the  faid  county,  to  the  great  inconveniency  and 
detriment  of  the  inhabitans  of  the  laid  county  attending  the  laid  court  :   wherefore, 

II.  We  pray  that  it  may  be  enacted,  andbe  it  enabled,  by  the  Honourable  Matthew  Kowan,  Efq  ;  Prefident,  and  com- 
tnander  in  chief,  by  and  with  the  advice  and  confent  of  his  ALf fly's  Council,  and  the  General  Ajfembly  ofth'ii  Province,  and 
by  the  authority  of  the  fame,  that  the  court-houle,  prifon,  ami  Hoiks,  for  the  faid  county  of  Orange,  fhall  be  erefted  on 
or   near  where  the  yje/tern  path  erodes  the  river  Eno,  on  a  piece  of  land  where  James  Watfon  now  lives. 

III.  Andbe  it  further  enatltd,  by  the  authority  afore/aid,  that  Mr.  Alexander  My  bain,  Mr.  John  Gray,  Mr.  John  Pa- 
terfon,  Mr.  James  Ellifn,  and  Mr.  Marmaduke  Kpnbrough,  or  the  majority  of  them,  be,  and  they  are  hereby  appoint- 
ed coTimilftoners,  to  ma^e  choice  of  a  fuiiable  and  convenient  place  at  or  near  the  laid  path,  where  it  crolTeth  Eno  river, 
for  the  erecting  and  building  thereon  a  court-houfe,  prifon  and  ftccks  ;  and  alfo  to  contract  «md  agree  with  workmen 
to  build  the  fame  of  fuch  dimenfions  as  to  them  fhall  feem  meet  and  convenient. 

IV.  And  for  defraying  the  expence  thereof,  f>e  it  evdEted,  by  the  authority  aforefaid,  that  the  tax  laid  by  the  before 
recited  acl,  (hall  be  applied  towards  building  the  court-houle,  prifon  and  flock*,  at  the  p'ace  in  this  aft  before  mentioned. 

V.  Provided  arrays,  that  nothing  in  this  act  (hall  be  conlirued  to  make  void  any  contract  or  agreement,  entered  in 
to  by  the  Jultices  of  the  faid  county,  with  any  perlbn  or  perfons  for  the  building  the  court-houle,  prifon  andllocks- 
at  the  place  appointed  ty  the  Jiflices  0!  the  laid  county  in  virtue  of  the  be; ore  lecittd  aft,  to  annul,  invalidate,  or 
make  void  any  luit  that  is,  or  may  be  brought  thereon. 

VI.  And  be  it  enacjed,  by  the  authority  if,refaid,  that  the  claufe  or  the  before  recited  aft,  fo  far  as  relates  to  the  ap- 
pointing a  pbee  for  building  a  court-home,  prilon  and  flocks,  be,  and  u  fnreby  repealed  and  made  void  to  ail  intents 
purpo/es,  and  constructions,  as  if  the  fume  had  never  been  made.     TV.  C.  {-.   1752,  6,    ico. 


Chap.  XIII.  An  acl,  for  appointing  and  laying  out  a  levin  on  the  land  a/John  Jenkins,  on  the  fouth-fide  of  Pee  Dee  river, 

in  Anfon  county  ;  and  J  r  otl.ir  pwp-.fes  tie/  tin    mentioned. 
i»    ^T7HERI£AS  the  inhabitants  of  Anfon  county  labour  unuer  j^reat  d/Kidvancages  for  want  of  trade,  by  being  fo  in- 
V  V  convenient  to,  and  diitant  from  any  of  the  navigable  rivers  of  this  provii.ee,  only  fee  Dee,  and  that  diichurgeth 


*9 

Itfelf  into  South- Carolina,  which  renders  it  very  Impracticable  for  them  to  difpofe  of  any  thing  that  ari/cth  from  the 
produce  of  the  foil,  eiiher  to  pay  their  public  or  private  debts,  in  this  province  :  for  remedy  whereof, 

II.  We  pray  that  it  may  be  enabled,  and  be  it  enacled,  by  the  Honourable  Matthew  Rowan,  Efq  ;  President,  and  com. 
mander  in  chief,  by  and  -with  the  advice  and  confent  of  his  Majejiy's  Council,  and  the  General  Affembly  of  this  Province,  and 
by  the  authority  of  the  fame,  that  as  loon  as  the  proprietor  ot  the  faid  land  lhall  acknowledge  his  confent  and  concur, 
rence  in  open  court  ot  the  faid  county,  to  have  Inch  part  of  his  faid  land  laid  out  for  a  town,  as  is  herein  after  directed, 
Mr.  Charles  Robinjon,  Mr.  Caleb  howell,  Mr.  Thomas  Tomkins,  Mr.  William  Forbes,  and  Mr.  Edmund  Cartledge,  are 
hereby  nominated  and  appointed  commiffioners  ;  and  they,  or  the  majority  of  them,  are  hereby  inverted  with  full  pow- 
er and  authority,  to  lay  out  fifty  acres  ot  land  on  the  faid  plantation  tor  a  town,  by  the  name  of  Glouceflcr,  and  to  lay 
out  the  fame  fifty  acres  into  lots  of  half  an  acre  each,  with  convenient  ftreets  and  fquares,  for  a  church,  church-yard, 
and  market-place. 

III.  Ana  be  it  further  enacled,  by  the  authority  afore  faid,  that  when  the  commiffioners,  cr  the  majority  of  them,  have 
laid  out  the  laid  town  as  aforefaid,  every  perfon  whatloever  who  is  willing  to  be  an  inhabitant  of  tiie  laid  town,  ffiall 
have  liberty  to  take  up  any  lot  or  lots  lb  laid  out  as  aforelaid,  and  not  before  taken  up,  which  lot  or  lots  the  laid 
commiffioners  or  the  majority  of  them,  are  hereby  impo  #ered  to  granr,  convey  and  acknowledge,  to  the  perfon  or 
perfons  taking  up  the  fame,  his  or  their  heirs  and  aihgns  for  ever,  in  fee-fimple,  upon  the  payment  of  forty  millings 
proclamation  money,  to  the  treafurer  hereafter  ment'oned. 

IV.  And  be  it  further  exacted,  by  the  authority  aforefaid,  that  Thomas  Tomkins  be,  and  is  hereby  appointed  treafurer  and  re- 
ceiver of  all  luch  iurn  or  lams  of  money,  as  lhall  arile  by  the  fale  oJ  the  faid  lots,  for  the  ule  hereafter  mentioned  ;  and 
on  the  death  or  departure  out  ©f  this  government  of  the  faid  treafurer,  the  faid  commiffioners,  or  the  majority  of  them, 
ffiall  appoint  fome  other  perfon  treafurer,  in  the  place  and  flead  of  the  faid  treafurer  fo  dying  or  removing. 

V.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  the  rreafurer,th»t  now  is,  or  may  hereafter  be  appointed 
by  the  commiffioners  as  aforefaid,  lhall  give  fecurity  to  the  county  court,  in  the  fu'm  of  one  hundred  pounds,  that  hs 
will  and  lhall  account  with,  and  pay  all  cae  monies  he  lhall  receive  for  the  fale  of  the  faid  lots,  that  fhall  be  fold  yearly, 
on  the  firft  day  of  May,  to  the  proprietor  of  the  laid  town. 

y.I.  Provided  always,  that  if  any  lot  or  lots  fhall  be  granted  or  conveyed  by  the  faid  commiffioners  to  any  perfon  or 
perfons  whatloever,  who  ffiall  not,  within  two  years,  build  a  good  i'ubftantial,  habitable,  framed,  brick,  or 
ttone  houfe,  ot  no  lels  dimenfior.s  than  twenty-four  feet  in  length,  and  fixteen  feet  wide,  befides  ffieds  or  leantoes  or 
make  preparation  for  fo  doings  as  the  commiffioners,  or  the  majority  of  them,  ffiall,  on  view,  think  realonable,  'fuch 
grantor  conveyance  ffiall  be  void  and  of  none  efteft,  as  if  the  fame  had  never  been  made  :  and  the  commiffioners,  or 
ihe  majoiiiy  ot  them,  may  grant  and  convey  fuch  lot  or  Jots,  which  ffiall  not  be  built  on  within  the  time,  and  in  the 
manner  aforefaid,  to  .my  other  perfon  or  perfons  applying  for  the  lame,  and  paying  thepurchafe  money  as  a'torefaid,  to 
the  ule  of  tilt  proprietor  of  the  faid  land. 

Vli.   And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commilTioners,  or  the  majority  of   them    ffiall  be 
pnd  they  ar,e  hereby  impowered  to  remove  all  nufances  within  the  limits  of  the  faid  town.  ' 

V1I1.  And  be  U  further  enacled,  by  the  authority  aforefaid,  that  all  pe-rlons,  pofleflors  or  owners  of  any  lot  qr  lots  hi 
the  faid  town,  lhall  within  two  years  from  the  date  of  his  or  her  grant  or  conveyance,  clear,  and  keep  conltantiy  clear 
his  or  her  lot  or  lots,  from  all  manner  of  wood,  underwood,  bruffi,  and  grubs,  under  the  penalty  of  one  (hilltop  pro* 
clamation  money,  for  every  month  fuch  owner  or  owners  of  any  lot  or  lots  ffiall  negleft  the  fa.ne  ,  to  be  recovered  bv 
a  warrant  from  any  juftice  of  the  peace  of  the  county,  and  applied  by  the  commiffioners,  lor  and  towards  clearing  ih«. 
greets  of  the  faid  town.       Thertf  Cbfdete.  h 


XXVIII   George  I[.     The  12th  of  December,  1754. 


Chap.  XI.  An  acl  for  appointing  the  fiver  al ferries  therein  mentioned,  md for  obliging  the  commiffioners  of  the  fever aldif, 

tricls  to  make  roac  s  to  t! e fiime. 
VII.  A  KD  whereas  the  faid  high-road  will  tend  to  the  great  eafe  and  convenience,  not  only  of  the  faid  diffriftS 
L\  but  alio  to  the  inhabitants  otihe  town  ifrMlmingttm,  and  of  the  diftnfts  adjacent,  who  have  been  JonE  exno- 
fed  to  great  hardlhips  and  expence;,  and  at  (omeiimes  to  the  danger  of  their  lives,  from  the  want  of  the  faid  roads  • 
be  a  therefore  enatted,  that  as  loon  as  the  faid  road  ffiall  be  ltaked  our,  in  manner  as  herein  before  directed,  it  ffiali* 
and  may  be  lawful  lor  the  inhabitants  of  the  town  of  Wilmington,  and  tor  the  inhabitants  of  any  other  diftrift  in  the 
county  of  New  Hanover  or  w  the  county  of  Bladen,  or  any  of  them,  to  fend,  at  any  time,  proper  for  working  on  the 
fa.d  high-road  a  number  of  not  lels  than  ten  able  perfons,  to  work  on  the  laidioad,  under  the  direction  of  fuch  an  o- 
verfeer  as  hull  be  approved  by  .he  commillioners  of  the  diftrift  where  they  are  to  work,  or  the  majority  of  tfem  •  and 
every  Inch  overleer  certifying,  or  making  oath,  if  required,  w  hat  number  <  t  perfons  have  wrought  on  the  faid  roads, 
and  for  what  time  fuel,  c«uficate  ffiaJ   be  counterfigned  by  the  commiffioners  ot  the  roads  where  fuch  wok  ffiall  have 

23i«?-  °\    I" r^ V  rl        ?       ,     6  nT,tr  °f  d;iVS  /ha"  be  "Uon  e<l  to  ,ne  Perlbn  or  ""Tons  I»flWI«l  of  fuch 
tit      'r  *  °lhei  * "e  would  have  bee"  due  "  om  him '  r  lheni  •***  hi<  °r  their  rejbeaive  diftriets, 

any  law,  ufaje,  or  cyitom,  to  the  contrary,  notwithftandmg.     the  firfi  fart  of  this  «cl  Cbfokte,  S  "         ' 


20 

XXIX  George  II.     The  25th  of  September1,  1755. 


Chap.  XII.  An  act  to  appoint  the  place  for  creeling  the  court-lnujc  and  prifon  in  the  county  of  Onflow,  and  ether  purpofes 

therein  rntntionid. 
I.    \~K  7HEREAS  by  experience  :t  is  found  that  the  iitu.uiou  ot  the  court- houfe  in  Onflow   county,    before  it-  was  dc* 
V  V    ftroyed  by  the  rtorm,  was  Dot  central,  and  by  rcalbu  of  a  wide  ferry,  often   iiupaffable,   very  inconvenient  to 
the  greatelt  pait  of  the  inhabitants,  and  :l;at  there  are  no  houies   for   accommodation   wear    the  place  ;  lor  remedy 
whereof, 

II.  Be  it  enacled,  by  the  Governor,  Council,  and  Affinity ,  an  I  by  the  authority  of  the  Tame,  that  the  Juflices  of  the  coun- 
ty ot  Onflow  fliall  have  full  power  and  authority,  and  are  hereby  required,  within  the  fpace  ot  fix  months  next  after 
the  palling  this  ail,  to  erect  a  couri-houfe,  pnion,  pillorv,  and  It  )tks,  for  the  uie  of  the  county,  and  to  agree  with  work- 
men to  build  and  finiih  the  lame,  at  Wdntlarid'%  ferry,  in  the  laid  county. 

III.  And  be  it  further  enddle'd,  that  i'o  much  of  the  county  taxes  heretofore  annually  levied  for  that  purpofe,  3nd: 
now  in  the  hand-  of  the  jultkes,  (hall  be  applied  to  the  erecting  the  laid  new  court-houfe,  prifon,  pillory,  and  ltocks, 
near  Want  land's  ferry,  and  to  no  other  purpole  vvhatfoever  ;  and  that  herealter  all  elections,  and  other  buiinels  of  the 
laid  county,  (hall  be  tranfacted  at  the  faid  court-houfe  by  this  act   appointed  to  be  built  and  erected. 

IV.  And  be  it  further  enacted,  that  for  the  convenience  of  the  inhabitants  of  the  laid  county  palling  to  and  from, 
the  faid  court-houie,  to  tranl*£t  their  public  biifinefs,  the  ferry  cailtd  U'ai:ih.r:d's  ferry,  at  all  lueh  times,  lhali  be  niain- 
the  county  charge,  to  be  paid  out  of  the  county  tax. 

V.  And  be  it  further  enacled,  that  To  much  of  an  aft,  intituled,  an  acl  for  the  appointing  end  laying  out  a  town,  ct  or 
near  Mittam'j  point,  ot  the Jiuth  ffde  o/New  river,  in  Dnllow.  county,  by  the  name  oj  Johniton;  tor  lo  much  theietf  as 
relates  to  holding  the  cout  t,  and  tranlacling  ad  oilier  public  buiinels  for  the  laid  county  in  the  io>vn  ol  Jobnjlon,  is  here- 
b),  from  henceforth  repealed,     p.  j. 

XXX  George  II.     The  30th  of  December  1756. 


Chap.  XII.   An  ail  for  the  letter  regulation  cf  the  town  of Newbern,  and  for  fecuring  the  titles  of  perfons  who  hold  lots- 

in  the  faid  town. 
I.   * T 7HERE AS  the  laws  heretofore  made  for  regulating  the  town  of  Newberr.,  have  been  found  inconvenient  :  for 
V  V    remedy  whereof, 

II.  Be  it  enacled,  b»  the  Governor,  Council,  and  Affembly,  andbv  the  ndhor'ty  rf  the  fume,  that  from  and  after  the  pal- 
ling of  this  act,  it  (hall  and  may  be  lawlttl  lor  the  freeholders  of  the  laid  town  10  meet  at  the  couit-houle,  annually,  on 
the  feconrl  Tuefday  in  November  ;  and  there  to  chooie  five  freeholders  oi  the  laid  town  to  be  cemmiflirners  tor  the  en- 
luing  year  ;  which  election  of  commifiioners  fhall  be  by  the  ftiffrage  of  the  majority  of  the  freeholders  of  the  laid  town, 
and  that  upon  the  faid  commilfioners  being  fo  cholen  and  elected,  and  their  names  entered  on  the  journals  of  the 
laid   town,  they  (hall,  before  they  enter  upon  the  execution  o: their  cilice,  take  the  following  caili. 

1A.  B.  ao  /wear ,  that  J  w  11  execute  the  office  of  a  commifoner,  fr  the  town  of  Newborn, fait/folly,    irrpar  tnliy,    and 
truly,  without  favour,  ojjeelion,  or  prejudice  ;  ard  ihct  J  will  to  tie  ulinoli  cf  my  power,  in  al1  lings   ^fonbe  good  cf 
the  faid  town,  and  the  well  governing  of it ,  to  the  brft  of my  fkill  and judgement.  SO  f  ELP  JVih  GOD. 

WJvch  fa;d  commilfioners,  after  they  have  been  fo  (worn,  hull  proceed  to  choofe  one  out  ol  their  number  to  be  trea- 
surer of  the  faid  town  ;  into  w  hole  hands  all  monies  arifing  by  the  fale  of  lots  in  the  laid  town,  or  other*  lie  howloevtr 
an'i  gorbe  oningdue  to  the  laid  town,    (hall  be  pfcfcl,  and  there  kept  till  dil'poled  of  as  herealter  directed. 

III.  And  be  it  further  cnaclel,  by  the  authority  aforefaid.    that  the  laid  trealurer,  before  he  enters  upon    the  execu- 
tion of  his  faid  i-ffice,  fhall  give  bond,  with  two  fufficieht  fecurities,  in  the  lum  or   two  hundred  pounds,  proclamation 
money,  to  the  commilfioners  of  the  laid  towri,  and  their  lucceffors,  for  the  faithful  dilctiarge  ot  his  laid  rffne. 

IV.  And  for  the  better  determining  «lw  fhall  be  qualified  to  be  elected  as  commiihcners  ol  the  laid  town  ;  le  it 
enacled,  that  no  perfon  fliall  be  deemed  qualified  to  ad  as  a  commifiioner  of  the  laid  town  of  Ncwbern  unlets  he  hath 
a  lot  of  land  therein,  with  a  houfe  on  the  fan  o,  of  not  le:s  di  neiifions  that  twenty  four  feet  long,  and I  10  feet  wide, 
with  a  brick  chimney  or  chimnies  to.the  lame;  and  who.llulUiave  b.GJes,  a  viijble  eitate,  ot  at  lealt  one  hundred 
pounds,  proclamation  money.  .  •..'•,:       , 

V.  And  whereas  by  the  laws  heretofore  made  for  regulating  the  faid  town,  the  method  therein  preferred  or  clear- 
ing the  (tree's,  making  and  repairing  bridges,  and  public  wharfs,  has  been  found  inconvenient  ;  be  it  en  died,  by  the 
authority  aforefaid,  that  the  .commifiioners  ot  the  laid  town,  together  wicb  the  Irtcholuers  thereof,  fhall  meet  at  the 
court-houfe  in  the  (aid  town,  o.i  the  th  r,J  Tuefday  in  November  next  after  the  p.iihng  ot  this  act,  and  lo  yearly  and 
cvery  year,  on  the.  laid  third  v  uefday  in  November,  and  then  and  there,  by  the  confer*  cl  the  major  tv  ot  the  laid  com. 
piiflionere  and  freeholders  then  met,  lay  luch  a  tax  on  the  inhabitants  of  the  laid  (own,  as  fha.ll  tie  lufhcicut  to  defray 
the  expence  of  clearing,  making  and  repairing  the  ftreets,  making  and  mending  public  wharfs  and  bridges,  and  tor  do.. 

jug,ajl  p -iblic  ieryices  the  inhabitants  of  the  Cud  to,vu  are  how  iubjeft  to  do  and  perform  ;  and  lor  defraying  the  ea- 


2\ 

pence  of  procuring  a  correct  plan  of  the  faid  town,  anl  forall  other  necelTary  expences  ths  commiilioners  may  be  a: 
Ui building  a  pound,  employing  a  clerk,  or  appointing  guarJs  or  watches,  or  other  contingencies  that  may  hrppcu  ; 
provided  The  laid  tax  does  not  exceed  the  furri  often  (hillings,  proclamation  money,  p.r  poll  ;  which  faid  tax  mail  be 
collected  by  the  iheriff  of  the  county  of  Craven,  and  paid  to  the  freafnrer  of  the  faid  town,  within  one  month  after  the 
fame  mall  be  laid  ;  and  if  any  perfon  lhall  withhold,  and  not  pay  the  faid  tax,  within  one  month  after  the  fame  is  laid, 
it  lhall  and  may  be  lawful  for  the  laid  llierilr  to  make  diitrefs  and  lale  of  the  offender's  goods  and  chattels,  in  the  fame 
manner  as  tor  non-payment  of  other  taxes,  and  to  take  and  receive  for  his  trouble  two  (hillings  and  eight  pence,  pro- 
clamation money. 

VI.  And  be  i!  further  enafled,  by  the  authority  afore/aid,  that  the  inhabitants  of  the  faid  town  of  Nrvbern  lhall  be 
for  ev^r  hereafter  excufed  from  working  on  the  itreets  of  the  laid  town,  or  from  working  on  the  country  public  roads, 
fo  long  as  they  continue  to  live  in  the  laid  town,  and  no  longer. 

VII.  And  whereas  the  fettlement  of  the  faid  town  of  Newbern  hath  been  much  retarded,  by  perfons  taking  uplafr, 
in  the  faid  town,  and  not  building  thereon,  as  by  the  tenor  of  their  deeds  or  grants  is  provided  ;  and  whereas  ifter  the 
time  limited  therein  for  improving  the  fame,  the  fame  perfons  have  been  permitted  to  enter  and  take  up  the  lame  again, 
whereby  many  lots  in  the  faid  town  lie  unimproved  :  tor  prevention  whereof,  be  it  enabled,  by  the  authority  aforejaid, 
that  the  commifiioners  of  the  laid  town,  tor  the  time  being,  or  any  three  cf  them,  are  hereby  authctiled,  impowtred, 
and  directed,  to  grant,  convey,  and  acknowledge,  under  the  fame  reftriclioiis  and  limitations  in  deeds  given  for  lots  by 
former  commilfioners  of  the  faid  town.to  any  pcrlon  requiring  the  fame,  and*o  their  heirs  and  afiigns,  for  ever,  in  fee- 
fitnple,  any  lot  or  lots  of  land  within  the  faid  town,  not  already  taken  up  and  built  op,  agreeable  to  the  laws  heretofore 
made  for  regulating  the  laid  town,  or  any  lot  or  lots  that  may  hei  eafter  be  liable  to  be  taken  up  for  want  of  being  built 
on  as  aforeiaid,  he  or  tney  p  ying  for  each  lot  twenty  Ihillings,  proclamation  money,  tor  the  purchafe  money  therect, 
to  and  for  the  life  of  the  proprietors  of  the  faid  town. 

VIH.  Provided neverthelefs,  that  where  any  perfon  or  perfons  (hall  hereafter  take  up  any  lot  or  lo  s  in  the  faid 
town,  and  lhall  not  build  thereon,  within  eighteen  months  from  the  date  of  their  conveyance,  a  good  habitable  brick, 
ftone,  or  framed  houfe,  of  not  lei's  dinieniions  than  fifteen  feet  wide,  and  twenty  four  feet  long,  the  fame  perlon  (ex- 
cept where  the  title  of  fuch  lot  or  lots,  before  the  expiration  of  the  time  for  building  thereon,  (hall  fall  to  a  minor  or 
minors)  fhall  not  be  allowed  to  take  up  the  1  ime  again,  until  the  laid  lot  or  lots  hath  lain  vacant  fix  months  ;  but  the 
fame  may  be  immediately,  or  at  any  time,  granted  to  any  other  perlon  or  perfons  deliring  the  fame,  on  the  conditions 
herein-before-mentioned. 

IX.  And  whereas  fundry  difputesrmy  hereafter  arife  concerning  the  titles  to  lots  in  the  faid  town  of  Newbern,  and  the 
bounds  thereof  ;  be  it  enabled,  by  the  authority  afore/aid,  that  the  commillioners  or  Juflices,  formerly  appointed  by  an 
act  of  aflembly  of  this  province,  and  their  fucceflbrs,  are  hereb/  declared  to  have  had  a  good,  abfolute,  indefeafible 
eftate  in  fee,  in  the  two  hundred  and  fifty  acres  of  land,  laid  out  by  ihe  faid  act,  for  the  faid  town  of  Newbern,  in  truft  and 
confidence,  to  and  for  the  ufes  in  the  I  aid  act  mentioned  ;  and  the  commifiioners  by  this  ate  10  be  elected  and  chofen, 
are  herebydeclared  to  have  a  good,  abfolute,  and  indefealible  eftate,  in  fee,  in  all  fuch  lots  within  the  faid  town,  which 
have  not  been  difpofed  of  by  the  former  commillioners  or  Juflices,  and  bult  on  agreable  to  law,  in  truft  and  confidence, 
to  and  for  the  ufes  in  this  act  mentioned  ;  and  the  faid  two  hundred  and  fifty  acres  cf  land,,  laid  out  for  the  town  of 
Newbern,  as  aforefaid,  fhall,  for  ever  hereafter,  be  confirmed  to  the  faid  commillioners  for  the  time  being,  in  truft  and 
confidence,  to  and  for  the  ufes  in  this  acT:  mentioned.  And  all  and  every  perlon  andpeifons  whatfoever,  who  have 
heretofore  purchafed  and  paid  for  anv  lot  or  lots  in  the  faid  town,  and  have  fully  complied  with  the  conditions  cf  their 
deed  or  grant,  or  who  may  hereafter  purchafe,  pay  fir,  and  fully  comply  with  the  conditions  of  their  deed  or  grant, 
are  hereby  declared  to  be  inverted  with  a  good,  abfolute  and  indefeafible  eftate,  in  fee,  to  fuch  lot  or  lots,  and  the  fame 
are  hereby  confirmed,  in  fee,  to  fuch  perfon  or  perfons  and  to  his  and  their  heirs  and  afiigns  tor  ever. 

..»..  And  be  it  further  enucled,  by  the  authority  aforefaid,  that  all  water  or  front  lots  adjoining  the  ftreets  or  lots  of  the 
faid  town  of  Newbern,  Hull  be  deemed,  held  and  taken  to  be  part  of  the  laid  town  j  and  it  fhall  and  may  be  lawful  for 
ar.y  peifon  to  take  up  the  fame,  and  build  thereon,  any  wharf,  rtore-houfe,  or  other  improvement  as  they  fhall  think 
proper,  after  givmg  three  months  notice  in  writing  to  the  owner  or  owners  of  luch  lot  or  lots  as  fhall  front  fuch  water 
lo  s  :  and  where  any  of  the  laid  water  or  front  lots  have  been  heretofore  fold  and  conveyed  by  Cullen  Pcltock,  Efq  ; 
ceceafed,  the  Ute  proprietor  of  the  laid  town,  or  any  former  commillioners  of  the  laid  town,  to  any  perfon  or  perfons, 
•whttloever,  fuch  (ale  is  hereby  declared  to  be  good  and  available  in  law,  topafs  the  fee  limple  eftate  of  fuch  lot  or  lots 
to  luch  purchafer  or  purchafers,  his  or  their  heirs  and  afiigns,  forever  ;  and  fuch  purcharer  or  purchafers,  his.  or 
their  heirs  and  alligns,  are  hereby  declared  to  have  a  good,  abfolute.  and  indefeafible  eftate,  in  fee,  in  and  to  the  fame. 

XI.  And  for  quieting  the  inhabitants  ot  the  faid  town  in  the  polTeilion  of  their  lots  within  the  fame;  be  it  enaileJ, 
by  the  authority  atore/aid,  that  where  a  certificate  fhall  be  obtained  from  the  commillioners  of  the  faid  town,  or  oath 
made  in  the  county  court  of  Craven,  by  one  credible  witnefs,  that  any  lot  or  lots  within  the  laid  town  have  been  faved 
according  to  the  deed  or  grant  for  the  fame,  fuch  certificate  or  oath  lhall  be  deemed  a  good  evidence  in  any  court 
vvitmn  tins  province,  againft  any  other  fubfequent  deed  cr  deeds  that  lhall  or  may  be  given  for  any  lot  or  lots  within 
the  lav!  town  ;  and  all  courts  within  this  province,  are  hereby  required  to  receive  fu.h  certificate  or  oath  as  evidence 
accordingly. 

XII.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  commiuloners  of  the  faid  town  (lull  chufe  a  proper 


22 

perfon  to  he  clerk  of  the  Lid  town,  wlo  fhall,  before  he  enters  upon  the  execution  of  his  effice,  give  bond  to  the  com. 
inilfioners  of  the  laid  town,  with  two  good  and  fufficient  fureties,  in  the  fum  of  one  hundred  pounds,  fcr  the  due  ex- 
ecution of  h:s  offue  ;  which  clerk  fhall  keep  a  regular  and  lair  journal  of  all  the  proceedings  of  the  commilfioners  of  the 
Paid  town,  and  regilur  therein  all  deeds  given  by  the  comnnllioners  for  lots  in  the  laid  town,  with  the  time  v.  hen  they 
were  granted,  and  to  whbfli,  and  alio  of  the  time  when  the  lame  became  Lplable,  if  inhered  to  become  (b  ;  to  which 
hook  all  p,ai  fans  lhall  have  free  uccefs,  on  paying  one  milling,  proclamation  money,  on  penalty  of  twenty  fhillings  like 
money,  tor  every  relufal  ;  to  be  recovered  as  herein  atter  dire&ed  :  and  the  laid  comTiiffioners  are  hereby  impowered 
and  required  to  caule  the  (treets  and  palf.tges  of  the  laid  town  to  be  laid  out,  beginning  at  tl.e  fouth  weft  corner  of  the 
church  lots  ;  and  good  iubftantia!  potts  to  be  fet  up  at  the  corner  of  every  lquare  of  lou  in  the  laid  town  ;  and  alfo,  to 
caufc  a  true  and  exact  plan  of  the  laid  town  to  be  made,  with  proper  delcripuons,  and  lay  the  lame  before  the  next 
i'ellion  of  AlTeinbly  ;  and  if  by  them  approved  of,  to  be  for  ever  htreatter  deemed  the  tiue  plan  of  the  faid  town. 
Prxro'tdcd,  that  in  itch  plan  regard  be  had  to  the  firit  owner  of  every  laved  lot,  to  pieierve  his  title  thereto,  although 
it  fhould  appear  to  he  mif-nunibered. 

XIII.  And  whereas  the  fence  lately  erected  round  the  faid  town,  is,  by  reafon  of  its  being  done  with  rails  only,  gone 
rrrestly  to  decay,  the  rails  being  many  of  them  rotten  :  and  whereas  it  will  be  commodious  for  the  inhabitants  of  the  faid 
to '.v; i,  that  the  laid  fence  be  kept  in  good  repair  ;  be  it  enacled,  by  the  authority  aforefaid,  that  the  laid  commilfioners 
and  freeholders,  at  the  time  they  lay  the  tax  on  the  inhabitants  ol  the  laid  icwn,  for  clearing  the  flreets  thereof,  (hall, 
and  they  are  hereby  imporered  and  required,  to  lay  luch  ether  uxon  the  owner  or  owners  ql  every  laved  lot  or  lots 
within  the  faid  to^n,  as  iTrnll  be  diffident  to  fence  ihs  laid  town  with  poll:  and  rails,  and  to  k;.ep  the  fame  in  ccnti- 
nual  repair  ;  provided  that  luch  tax  dors  n  >t  exceed  out  (killing,  pictanj.it  on  n.cney,  in  ai  y  one  year  :  and  the  laid 
commilfioners  are  hereby  alfo  impowered  and  required,  to  employ  a  proper  perfoa,  annual!) ,  to  keep  the  hid  fence  in 
repair  ;  and  alfo,  to  difpofe  and  make  lale  of  tne  remaining  rails  now  to  be  lotuid  belonging  to  the  laid  fence,  for  the 
belt  price  that  can  be  got  for  the  fame,  and  to  apply  the  money  to  the  common  itoik  ul  tlie  laid  town  ;  wnich  laid  tax 
fhail  be  collected  and  paid  in  th;  fame  manner  of  the  tax  laid  on  the  inh.  b  tants  for  clearing  the  ftreets  of  t  e  laid  town. 

XtV.  And  be  it  further  emitted,  by  the  authority  afore/iiid,  that  if  any  perfon  lhall  willfully  \  u'i  down,  lake  away  or 
by  any  means  deftroy  the  rails  of  the  laid  fe.ee,  or  lhall  willlully  unhang,  leave  open,  or  nthervvile  injure  the  gates 
of  the  faid  town,  whereby  horfes,  or  other  creatures  may  be  let  out  of  the  laid  tow  n  ;  luch  perlon  or  perlons,  being 
thercoi  lawfully  convicted,  (hall  forfeit  and  pay,  for  the  firit  offence,  forty  {hillings,  proclamat  on  money  ;  and  for  the 
iecond  and  every  lublequent  offence,  three  pounds  like  money  ;  to  be  recovered  as  herein  sfier  directed  ,  and  if  any 
offender  lhall  not  be  able  to  pay  luch  fine,  or  is  a  lervaut  or  (lave,  he,  (he,  or  they,  (hall  receive  at  the  public  whipping. 
poft,  thirty  nine  lathes,  on  his,  her,  or  their  bare  back,  well  laid  on. 

XV.  And  be  it  further  enacted,  by  the  authority  ajarefaid,  that  no  perfon  inhabitant  or  freeholder  of  the  faid  town, 
fhall  keep  running  at  large  therein,  more  than  one  cow  and  calf,  and  one  horfe,  or  lix  head  of  Iheep,  for  every  (avecl 
lot  he  or  (lie  (hah  be  poflefled  or,  on  penalty  of  twenty  (hillings  far  every  offence,  to  be  recovered  as  herein  after  direct- 
ed.  And  that  no  perfon  whatlbever  (except  the  inhabitants  or  freeholders  thereof;  (h.i  1  keep  running  at  large,  in  the 
faid  town,  any  horfes,  cattle,  fheep,  or  hogs,  (except  their  riding  horfes,  during  their  ltay  therein,  and  perfons  bring- 
ing cattle  to  the  market  of  the  faid  town)  on  penalty  of  twenty  (hid  ngs  proclamation  money,  for  every  offence,  to  be 
recovered  as  herein  after  directed  :  and  the  commilfioners  of  the  laid  town  (hall  cauie  a  pound  to  be  built,  wherein 
fhall  be  impounded  all  hogs,  cattle,  horfes,  or  fheep,  found  running  at  large  in  the  laid  town,  contrary  to  this  act. 

XVI.  And  that  the  laid  town  of  IMewbtrn  may  be  the  better  iegu]ated  ;  be  it  enacled,  by  the  authority  eforefaid 
that  the  faid  commilfioners,  or  the  majority  of  them,  (hall  have  full  power  and  ablblute  authority  to  pals  luch  neceflary 
rules  and  orders  as  to  them  fhall  ieem  meet,  for  removing  all  nulances  within  the  bounds  of  the  laid  town,  for  perlons 
to  remove  dirt  and  rubbifh  from  before  their  doors,  to  grub  and  clear  their  lots,  and  make  proper  drains  and  water- 
courfes  through  them  ;  for  pulling  down  all  wooden  chimnies  already  bult  iti  the  laid  town,  and  preventing  the 
building  thereof  for  the  future,  in  order  to  prevent  dangers  by  fire,  provided  that  fix  months  notice  be  given  to  the 
owners  of  luch  chimnies  as  are  already  built,  to  pull  down  the  fame,  and  for  all  other  things  that  may  tend  to 
the  advantage  and  improvement  of  the  laid  town,  fo  as  the  fame  be  not  repugnant,  but  as  near  as  may  be,  agreable 
to  the  laws  of  England  and  this  province. 

XVII.  And  be  it  further  enabled,  by  the  authority'  aforePiid,  that  all  fines  and  forfeitures  in  this  a£t  mentioned,  the 
recovery  of  which  is  not  otherwife  directed,  fhall  be  by  warrant  under  the  hands  and  feals  of  the  commiffione/s,  or  the 
majority  of  them,  directed  to  any  fworri  officer  of  the  county  of  Craven,  to  convene  Inch  delinquent  or  delinquents  be- 
fore them,  at  a  certain  day  mentioned  in  the  laid  vva'rranV,  and"  on  conviction,  to  give  judgment,  ami  award  execution, 
for  fuch  officer  to  levy  the  faid  fine  by  diftrejs  and  fale  of  the  oflendei's  goods  and  chattels  ;  which  laid  fines  fuch  offi- 
cer fhall  pav  into  the  hands  of  the  treafurer  of  the  faid  tow  n,  as  par'  of  the  common  (It  ek,  and  lhall  be  applied  towards 
defraying  the  contingent  charges  of  thr  faid  town  :  and  the  commifiioijcr'sof  the  faid  town-  or  the  majority  of  them, 
are  hereby  inverted  v\  i t h  full  power  and  authority  to  lay  out  and  appropriate  all  monies  which  (ball  be  paid  t<i  the  (aid 
treafurer  by  virtue  of  this  act,  as  they  (hall  think  melt  for  the  good  of  the  faid  town  :  and  the  faid  trealnrer  (hall  be 
obliged  to  account  with,  and  pay  to  the  proprietor  of  the  faid  town,  all  monies  which  he  fhall  receive  lor  ihepnrthale 
of  lots  in  the  faid  town  :  and  alio  fhall  pay  all  monips  belonging  to  the  faid  town,  to  fiu  h  perlon  or  perlons  as  the  com- 
miifioners,  or  the  majority  of  them,  fhall  direct,  by  warrant  in  ri.-r  their  hards,  to  him  directed* 

XVIII.  And  that  the  r.uniber  of  the  commifhoners  for  the  faid  town  may  be  always  kept  up  ;  be  it  enufl.d,   thai  if 


any  of  the  faid  commiflioners  fhall  die,  or  remove  out  of  the  province,  or  refufe  to  qualify,  the  remaining  commiffioners 
iliail  elect  and  chufe  others  in  the  room  and  Head  of  thofe  io  dying,  removing,  or  refufing  ro  qualify  as  aforefaid. 

XIX.  And  for  the  encouragement  of  the  laid  town  of  Nevobern,  be  it  enabled,  by  the  authority  afore/aid,  that  the 
clerk  of  the  court  ot  Craven  county,  and  the  fheriffof  the  J'aid  county,  fhalikeep  'heir  refpective  offices  in  thefaid  town, 
pn  penalty  of  five  pounds  for  every  week  they  ihall  neglect  the  lame';  to  be  recovered  in  any  court  of  record  in  this 
province,  where  the  lame  is  cognizable,  by  any  pe'rfon  that  Ihall  foe  for  the  fame.  And  all  elections,  and  other  pub- 
lic bnfinefs  of  the  like  nature,  belonging  or  appertaining  to  the  county  ot  Craven,  mall  be  held  anddone  in  the  laid  town 
and  .it  no  other  place  whatloever. 

XX.  And  whereas  heretofo  e  little  regard  hath  been  paid  to  ihe  orders  given  by  the  commiffioners  of  the  faid 
town  of  Nevjbern  •  be  it  tnacled,  th.it  the  commilTioners  of  the  fnd  town,  for  the  time  being,  or  the  majority  of 
them,  (hall  have  lull  power  and  authority  to  lay  inch  fine  on  any  perfon  orperfons  that  ihall  refufe  or  neglect  to  o. 
bey  any  of  the  rules  and  orders  that  Ihall  be  palled  by  the  faid  coinmiffionei  s,  or  the  majority  ot  them,  for  the  better 
regulanng  oi  the  faid  town,  as  they  ihall  think  fit,  not  exceeding  twenty  fi/e  millings,  proclamation  money  ;  and  on 
re;ulal  or  neglect  to  pay  the  fame  immediately,  to  iffue  their  warrant,  directed  to  any  iworn  officer,  to  levy  the  fame 
by  dltrefo  a-id  iale  of  the  offender's  goods  and  chattels,  the  like  proceedings  being  firft  had  as  before  directed  for  the 
coinmiilinners  to  obferve,  in  the  recovery  of  fines  impefed  by  this  act. 

XXI.  And  he-  it  further  enacled,  by  the  authority  afortfaid,  that  all  and  every  other  act  and  acts,  claufe  and  claufes, 
jntiJe  and  article,  thereof,  heretofore  made,  tor  io  much  thereof  as  relate  to  any  other  matter  or  thing  within  the 
purview  of  this  act,  is  liereby  rep.  aled,  made  void,  and  of  none  effect. 


Chap.  XIII.   An  acl  for  the  regulation  of the  town  of  Wilmington. 


I.    V  T  7HLREAS  ..he  erecting  and  eltabhfhing  the  town  ot  Ji'icJugton  hath  been  found  highly  beneficial  and  conve- 
V  V  ni.'iit  to  the  inhabitants  of  the  fbutherh    parts  of  this  province,  and  others  carrying  on  commerce  with  them  : 
for  the  betier  regulation  and  improvement  of  the  laid  town, 

II.  Be  it  emitted,  by  the  Governor,  Cnincil,  and  Afftmbly,  and by  the  authority  of 'the  fame,  that  the  town  called  IVih 
mingtoft,  l\i.»g  on  the  ealt  fide  of  the  north  eaft  branch  of  Cave  Fear  river,  ihall  be  bounded  and  circumlcribed  in 
manner  follow  ing,  that  is  to  fay  :  to  the  north  eafl  by  the  lands  of  the  late  Governor  Gabriel  John/Jon,  Efq  ;  deceaf- 
ed,  upwards  and  below  by  the  lands  formerly  belonging  to  Michael  Dyer ,  running  hack  one  hundred  and  twenty 
poles  rom  i  he  river,  as  may  more  fully  appear  by  the  plan  of  a  furvey  of  the  faid  town,  made  in  the  year  of  our 
lord  on  tboufand  feven  hundred  and  thirty  three,  now  in  the  Secretary's  Office;  ;  which  plan  Ihall  be  forever  hereaf- 
ter the  true  and  exact  plan  of  the  faid  town,  by  a  reference  to  which  all  difputes  in  regard  tu  ftreets,  fquares,  lots, 
and  their  boundaries,  are  to  be  determined  for  the  future. 

III.  And  be  it  further  enafled,  by  the  authority  a/or, faid,  that  for  ever  after  the  palling  of  this  act,  the  courts  of  the 
county  of  NtU'-H  mover,  the  election  of  reprefentatives  to  be  fent  to  the  Genera!  Allembly  for  the  faid  town  or  coun« 
tv,  trie  election  of  vettiymen  for  the  parifh  of  St.  James,  and  all  o'her  public  elections  tor  the  faid  county  and  town, 
fhall  be  made  and  held  in  the  town  of  IVilmnglon,  and  at  no  other  place  ;  any  law,  ul2ge,  or  cultom,  to  the  con- 
trary, notw'ithitandmg. 

IV.  And  be  it  further  enacled,  by  the  authority  afo^efaid,  that  the  fheriffof  the  county  of  New-Hanover,  the  clerk  cf 
the  court  for  the  faid  county,  and  the  regifter  of  the  faid  county,  for  the  time  being,  (hall  for  ever  hold  and  keep 
their  refpective  offices  in  the  faid  town  of  Wilmington  ;  and  that  if  any  of  the  faid  officers  (hall  neglect  or  refufe  fo  to 
do,  each  of  them,  fo  neglecting  or  refuting,  fhall,  for  every  week  he  (hall  be  a  delinquent,  forfeit  and  pay  the  futn 
of  forty  five  ihilhnps,  prociam  ition  money  ;  to  be  recovered  by  any  perfon  who  fhall  lue  for  the  lame,  in  the  count/ 
court  of  New-Hanover,  by  action  of  debt,  bill,  plaint,  or  information  ;  wherein  no  eflbin,  injunction,  protection, 
pri.  Hedge,  or  wager  of  law,  Iliail  be  allowed  cr  admitted  of  :  one  half  to  fuch  informer,  the  other  half  to  the  com- 
millioncTS  of  the  faid  to  An  for  the  time  being,  to  be  appiied  for  the  ule  and  benefit  of  the  faid  town. 

V.  And  whereas  by  the  unfkilifulntfs  of  former  I'm  veyors,  and  neglect  of  the  proprietors,  the  courfe  of  the  ftreets, 
and  bounds  of  the  fquares  and  lots,  were  never  properly  afcertained,  by  which  many  houfes  are  milplaced,  fome  en- 
croaching upon  the  ttreets,  and  others  upon  the  lots  of  their  neighbours  :  for  remedy  whereof,  Be  it  enacled,  by  the 
authority  aforef aid,  that  all  fuch  hcufes  as  are  now  built,  either  wholly  or  in  part,  upon  the  flreets,  fhall  be  allowed 
to  remain  io.  until  they  are  no  longer  ter.antable,  and  then  the  owner  Iliail  be  obliged  to  pull  fuch  houfe  or  houfes 
down,  and  clear  the  ffreet  or  (free  sof  all  the  rubbith  ;  and  when  they  build,  to  build  within  his,  her,  or  iheir  lot 
or  lots,,  under  the  penalty  pi  fifty  pounds,  proclamation  money,  to  be  recovered  as  herein  alter  is  directed.  And 
where  any  perlon  or  perfims  his  the  whole,  or  any  part  of  his  or  their  houfe  or  houfes,  not  having  a  brick  chimney, 
or  brick  o- it.  ne  cellar,  on  ano'her  perfon's  ground,  the  n  it  (h  ill  and  mav  be  lawful  for  the  party  injured,  to  give 
notice  in  writing  to  the  owner  or  owners  of  inch  houfe  or  hontes,  to  r  move  what  part  of  the  fame  may  be  on  fuch 
perfon  or  perlons  lot  or  ground,  in  fiK  months  afer  the  date  of  Inch  notice,  which  he  or  they  Ihall  be  obliged  to  do, 
under  the  penalty  of  fiit\  pounds  proclamation  money  ;  tcbe  recovered  in  the  iiipreme  court  of  the  diftrict  of  A  ew- 
Hanover  co.mty,  by  the  party  foinjured,  and  to  be  applied  to  his  proper  ufe,  and  to  no  other  purpofe  whatfoever. 

VI.  Provided  nrverthehf,  that  in  cafe  inch  houfe  or  nbufes  have  one  or  more  brick  or  Hone  chimney,  cr  brick  or 
Aone  cellar,  then  the  owner  or  proprietor  of  fuch  houle  or  houfes  fhall  not  te obliged  to  remove  the  fame,  but  may 


24 

be  at  liberty,  and  is  hereby  allowed  to  pay  a  ground  rent,  for  what  part  he  encroaches  upon  his  neighbour,  where 
notice  or  warning  was  not,  beiore  the  building  of  fuch  chimney  or  cellar,  given  of  Such  encroachment  ;  which  rent, 
and  all  difputes  ariiing  about  encroachments  and  damages  upon  lots,  (hall  be  afcenaintd  and  determined  by  the  com- 
miifioners  of  the  town,  or  the  m  ijority  of  them.  And  that  the  Lid  commiliioners  m.iy  be  the  better  enabled  'o  dif- 
charge  their  trull,  they  are  hereby  required,  at  the  expence  of  the  to.vn,  to  get  a  copy  of  the  aforefaid  plan  of  the 
laid  town,  loJged  in  the  Secretary' s-Ofice  ;  and  in  cafe  any  clfputes  (huuld  hereafter  arife,  to  lay  out  the  ftreers  or 
lots  according  thereto,  beginning  at  the  fouth  ealt  corner  of  Mr.  John  Morris's  houfe,  on  Market  itreet,  near  the 
court-houfe  ;  from  which  corner  all  future  furveys  of  the  faid  town  (lull  be  commenced. 

VII.  And  be  it  further  enacled,  by  the  authority  afore/aid,  that  the  faid  commissioners,  or  the  majority  of  them, 
(hall  determine  all  complaints  of  nufances,  by  lumber  or  rubbifh  lying  upon  the  ftreets  or  wharfs,  dangers  ot  fire  ari- 
iing from  wooden  chimnies,  or  any  lucn  hazardous  buildings,  and  pals  luch  orders  as  they  lhall  tnink  neceflary  for  the* 
removal  of  the  fame. 

VIII.  And  whereas  the  inhabitants  have  been  at  a  great  expence  in  building  a  public  wharf,  where  boats  may 
come  to  and  dilcharge  ;  Be  it  further  enacled,  by  the  authority  aforefaid,  that  no  veflel  or  velfels  (hall  lie  at  the  faid 
wharf,  or  at  an/  other  public  wharf  to  be  built  for  the  future,  without  licence  firft  obtained  from  the  commiliioners  j 
and  if  any  perfon  or  perfons  Hull  incumber  any  of  the  laid  wharfs  with  naval  llores,  lumber,  or  any  other  thing  what- 
foever,  luch  perfon  or  perfons  (hall  be  obliged  to  remove  fuch  incumbrances  within  twenty  four  hours  after  notice 
thereof  given  by  the  commilfioners,  or  the  majority  of  them,  undar  the  penalty  of  forty  lhillings,  proclamation  mo- 
ney ;   to  be  recovered  by  a  warrant  from  the  commiliioners  of  the  faid  town. 

IX.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commiifioners  of  the  faid  town  for  the  time  being, 
or  the  majority  of  them,  are  hereby  impoweied  to  pals  fuch  order  as  they  may  judge  proper,  for  the  bringing  to  jul- 
tice,  or  profecuting  thofe  who  (hall  deal  or  craffick  with  negroes,  without  proper  tickets  from  their  mailers,  miftreiTes, 
or  overleers  :  and  for  preventing  all  mobs  or  cabals  of  negroes,  or  others  ;  for  the  more  effectually  bringing  to  juf- 
tice  all  criminals  and  offenders  againlt  the  laws  of  this  province  ;  and  ^lfo  for  preferving  the  peace  and  fafety  of  the 
laid  town,  to  appoint  proper  guards  or  watches  in  the  faid  town  as  often  as  occufion  may  require,  to  be  ready  on  all 
ocoifions  of  not  and  dillurbance,  or  to  prevent  malefactors  breaking  the  prilon  or  goal.  Provided,  that  one  of  the 
coBimilTioncrs  be  of  the  number  of  the  faid  watch  to  give  neceflary  orders. 

X-  And  whereas  the  allowing  of  hogs  to  run  at  large  in  the  fa;d  town,  is  found  to  be  a  great  nufance  to  the  inha- 
bitants ;  belt  enacled,  by  the  authority  aforefaid,  that  n  jne  of  the  inhabitants  of  the  faid  town  (hall,  on  any  pretence 
whatloever,  fuller  any  of  their  hogs  to  run  at  large  within  the  bounds  of  the  laid  town  ;  aid  any  hog  or  hog-,  run- 
ning at  large,  (hall  be  forfeited  to  any  perfon  who  (hail  feize  or  kill  the  fame.      §    n,    \i,Cbfolete.    177 1,   20. 

XIII.  And  be  it  further  enacled,  by  the  authority  afore) aid,  that  the  inhabitants  of  the  faid  town  (hall  be,  and  they 
are  hereby  exempt,  and  forever  hereafter  excufed from  working  on  the  country  public  roads,  during  fuch  time  as 
they  live  in  the  laid  town,  and  no  longer. 

XIV.  And  as  there  are  many  lots  in  the  faid  town  not  yet  cleared,  nor  proper  drains  nor  runs  made  through  them 
to  let  the  waters  have  a  free  courfe,  to  the  manifelt  injury  ai.d  unhealthinels  of  the  inhabitants  of  the  laid  town  ;  Be 
it,  further  enacled,  by  the  authority  aforefaid,  that  the  commiliioners  for  time  being,  or  the  majority  of  them,  fhall, 
and  they  are  hereby  directed,  to  older  the  proprietor  or  proprietors  of  any  lot  or  lots,  to  clear  all  or  any  part  of  them, 
and  to  make  proper  drains  or  water- courfes  through  them,  within  fix  months  from  the  time  of  the  date  of  fuch  order, 
hi  writing,  figned  by  the  commiliioners  of  the  faid  town  for  the  time  being,  or  the  majority  of  them  ;  and  any  per- 
fon neglecting  or  refilling,  (liall  forfeit  and  pay  the  fum  of  twenty  (hillings,  proclamation  money,  for  every  month 
they  ihall  refute  or  neglect  to  obey  (uch  order,  to  be  recovered  by  a  warrant,  under  the  hands  of  the  commilfioners, 
or  the  majority  of  them,  directed  to  one  of  the  conltables  of  the  faid  town,  on  the  effects  01  luch  delinquent  or  de- 
linquents. 

XV.  And  whereas  the  damages  that  may  arifefrom  fire  in  the  faid  town,  may  be  very  great,  and  a  neceffity  ap- 
pears for  providing  one  or  more  water-engines  ;  be  it  enacled,  by  the  authority  aforefaid,  that  the  commilfioners,  or 
the  majority  of  them,  lhall,  within  two  years  after  the  paffing  of 'his  act,  value  ever  y  houfe  within  the  bounds  ot  the 
faid  town,  and  lay  a  tax  not  exceeding  two  per  cent,  on  fuch  value,  upon  every  owner  or  owners  of  fuxrh  houfe  or 
houfes  ;  which  monies,  fo  laid,  (hall,  by  order  of  the  laid  coramilfioneis,  or  the  majority  of  them,  be  collected,  and 
applied  towards  purchaling  water-engines,  buckets,  ladders,  and  other  inftruments  for  the  extinguifhmg  of  fire  ;  and 
if  any  perfon  (hall  neglect  or  refufe  to  pay  fuch  tax,  the  U  me  (half  be  levied  by  a  warrant  under  the  hands  of  the  com- 
niifltoners,  or  the  majority  of  them,  directed  to  o.-.e  of  the  conftables  of  the  laid  towu,  on  the  effects  of  fuch  delinquent 
or  delinquents. 

XVI.  And  be  further  enacled,  bv  the  authority  aforefaid,  that  the  commiflioners  for  the  time  being  or  the  majority  of 
them,  (hall,  and  are  hereby  impowered,  to  pafs  any  orders  they  may  judge  proper,  for  preventing  the  building  ot  ne- 
cellary  houfes  0.1  any  dream  of  water  running  through  the  faid  town,  or  having  drains  from  fuch  houfes  into  any  of 
the  laid  dreams  ;  to  remove  fuch  houfes  already  built  ;  for  preventing  of  cattle  being  kept  up  in  a  perm  above  three 
days  without  being  fufficiently  fed  and  watered  ;  for  preventing  mortar,  clay,  or  wooden  chimnies  being  built,  and 
for  pulling  down  luch  as  are  already  built  ;  for  making  the  people  keep  thtir  chimnies  clean,  and  railing  them  to  a 
proper  hyight,  not  under  four  feet  above  the  ridge  of  tne  roof ;  for  preventing  the  keeping  naval  llores  or  lumber, 
in   any  hcuj'es,  whereby  damages  may  arife  to  neighbour  % ;  for  obliging  all  perfons  to  clear  the  itreets  before  their  houfea 


25 

and'for  all  other  things  for  the  good  and  fifety  of  the  faid  town,  and  the  proper  government  of  it  confident  with  the 
fet«  s  of  this  province  ;  .:nd  to  enforce  fuch  order;,  by  laying  a  fine',  not  exceeding  iorty  (hidings,  proclamation  money, 
on  all  perfons  neglecting  or  refuting  to  comply  therewith. 

XV11.  And  be  it  further  mailed,  by  the  authority  afire/aid,  that  the  commiffioners  for  the  t?me  being,  fhall  hire  a 
town  clerk,  and  fhall  keep  a  town  book  ;  in  which  (hall  be  entered  all  the  orders  they  may  make,  the  defaulters  on  the 
ftreets,  and  the  accounts  of  the  monies  they  may  have  received,  the  manner  they  have  applied  lucn  monies,  and  what 
funs  may  renv.i  i  in  their  hands,  under  the  penalty  of  fifty  pounds,  proclamation  money  ;  to  he  recovered  by  any  per- 
fon  who  Hi  i  i  or  may  Cue  for  the  fame,  in  the  fnpreme  court  of  the  alorefaid  diltrict  ;  wherein  no  effoign,  injunction, 
protection  or  wagt-r  of  law,  fhall  be  allowed  or  admitted  of. 

XV  111.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commilfioners,  on  going  out  of  office,  fhall  pay 
into  the  hand  of- 1  heir  luccdfbrs,  fuch  lain  or  funis  of  money  as  they  have  in  their  hands  ;  and  in  cafe  they  fhoul  i  ne- 
gleft:  or  refnfe  fo  to  do,  they  (hall  forfeit  and  pay  fifty  pounds,  proclamation  money  ;  to  be  recovered  by  fuch  fucceed* 
ing  commiffioners,  by  action  of  debt,  in  the  iupreme  court  of  the  aforelaid  diltrict  ;  wherein  uo  cfJbin,  protection, 
injunction,  or  wager  of  law,  fusil  be  allowed  or  admitted  of. 

XIX.  And  whereas  often  times  during  divine  leivice,  there  are  great  diflurbances  in  the  ftreets,  or  near  the  place 
where  the  fame  is'  performed  j  be  it  enacled,  by  the  iidh'.rity  cf  ore/ aid,  that  the  confhbles  in  the  laid  town,  each  in 
their  turn,  fhall  be  obliged  to  walk  the  ftreets  during  the  time  cf  divine  iervice,  to  prevent  all  fuch  difiurbances,  and 
to  apprehend  all  delinquents,  who  fhall  be  puinlhed  as  breakers  of  the  fabbath. 

XX.  And  whereas  it  may  be  necellary  to  lay  a  tax,  annually,  on  all  the  male  taxables  in  the  faid  town,  towards  de- 
fraying the  necellary  charges  that  may  accrue  ;  be  it  enicled,  by  the  authority  aforefaid,  that  the  commiffioners,  or  the 
majority  of  them,  for  the  time  being,  are  hereby  impowered,  within  twenty  days  after  their  being  elected  by  virtue  of 
this  act,  to  lay  fuch  tax  as  may  he  thought  necellary,  provided  the  fame  docs  not  exceed  two  (hillings,  pioclamation 
money,  per  head  ;  fuch  tax  to  be  collected  by  warrant  under  the  hands  and  leak  of  the  comniiflioners,  or  the  major  ity 
of  them,  directed  to  the  conltables  oi  the  laid  town,  or  either  of  them,  returnable  in  fuch  time  as  fiiall  be  therein  men- 
tioned. 

XXI.  Andbe  it  further  en.tclei),  by  the  authority  aforefaid,  that  the  commiffio.-.ers,  or  the  majority  of  them,  are  here- 
by iinpowered  ro  lay  fuch  fines  on  all  who  refute  or  neglect  to  obey  any  of  their  lawful  orders,  after  being  made  p  lb- 
lic,  as  they  may  judge  necellary,  not  exceeding  two  pcunds,  proclamation  money,  for  each  default;  to  be  levied  by 
warrant  und^r  the  hands  and  fcals  of  the  faid  commiifioners,  cr  the  majority  of  them,  directed  10  either  of  the  con- 
ftables  of  the  faid  town,  who  are  hereby  obliged  to  execute  the  fame  ;  which  fines,  recovered  as  aforefaid,  ihall  be  ap- 
plied to  the  public  fund  or  {lock  of  the  faid  town. 

XXII.  Provided  always,  that  it  fnall  and  maybe  lawful  for  any  perfon  or  perfons  who  (hall  think  himlelf  or  ihem- 
felves  injured  by  fuch  fi::e,  to  appeal  to  the  juitices  of  the  county  court,  who  are  hereby  in. powered  to  determine  the 
fame  In  a   fummary  way. 

XXII".  Andle  it  further  er.ailtd,  by  the  authority  cforefaid,  that  all  fines  and  forfeitures,  the  method  of  recovery  of 
which  is  not  other-wife  directed  by  this  act,  ihall  be  recovered  with  cofis,  in  any  cuura:  or  record  in  the  county  cf  tie v- 
Hanover,  refpeit  being  had  to  their  jurildctioii,  by  the  commiffioners  for  the  time  being,  or  the  majority  oi  them,  by 
action  ol  d  bt,  bill,  plaint,  or  information  ;  wherein  na  eflbin,  injunction,  or  wager  of  law,  ihall  be  allowed  or  admit, 
ted  of.  And  all  fines  and  forfeitures  mentioned  in  this  act:,  not  exceeding  two  pounds,  proclamation  mor.ey,  fiiall  be  re- 
covered by  a  warrant  under  the  hands  and  feals  tt  the  ccrumiffionei  s,  .>r  the  majority  of  them,  directed  to  the  conitables 
of  the  town,  or  either  of  them,  againft  body  or  good?,  as  in  actions  of  deb%  and  in  all  tlrng".  fubjeft  to  the  fame  rules  ; 
all  which  fines  or  forfeitures,  recovered  in  any  of  the  before  mentioned  ways,  (hail  be  applied  and  paid  into  the  flock 
of  the  faid  town. 

XXIV.  Andbe  it  further  enucled,  by  tbt  authority  aforefaid,  that  the  commiffioners  and  the  inhabitants,  mail  have 
free  liberty  to  hold  all  their  public  meetings  on  all  occafions,  in  the  court-houfe,  and  have  the  liberty  cf  a  key  to  the 
fame. 

XXV.  And  fT  the  better  ascertaining  the  method  of  chufing  futh  commifiicner?,  and  the  qualifications  neceffary 
for  fuch  commiiiioners  ;  be  it  enatled,  by  the  authority  aforefaid,  that  any  perlo-i  who,  on  the  day  of  election,  ar.d  for 
three  months  next  before,  wasfeized,  in  fee.firaple,  or  for  term  of  life,  of  a  brick,  (tone,  or  framed  houle.with  one  or 
more  br;tk  or  (tone  chimnies,  of  the  dimenfions  of  twenty  feet  long  and  fixtecn  feet  wide,  within  the  bounds  cf  the 
faid  town,  fiiall  have  a  right  to  vote  for  fuch  comniiilioners,  and  be  lufficlently  qualified  to  be  commiffioners  for  the  faid 
town  ;  and  that  the  number  of  five,  fuch  as  are  qualified  as  aforefaid,  fiiall,  annualiv,  on  the  firft  Tuefday  in  January^ 
be  cho'en  commilfioners  for  the  (aid  town  ;  and  two  perfons  fiiall  be  chofen  bv  the  majority  of  the  freeholders  prefect, 
as  mfpeftors  of  the  poll,  and  attend  and  declare  who  are  duly  elecled  commiffioners  bj  virtue  of  this  aft  ;  and  upon 
the  laid  five  commiffioners  being  elected,  and  their  names  properly  entered  in  the  town  bcok,  they  fiiall  beforelhey  en- 
ter upon  their  office,  take  the  following  oath  before  any  Juitice  of  the  Peace  for  the  county  of  New  Hamver  ;  tn&t  is 
to  lay, 

T  A-  B.dofwear,  that  I  will  execute  the  of.ee  ofacommiffoKerfor  the  town  of  \W\\mmg:on,  faithfully  and  truly  without 
4  If0'111''.  or,  P  eJ"dlce  >  and  '"  al1  th'tng-s  ^  fir  the  good  cf  the/aid  town,  and  the  wdlg  ovemkig  thereof,  to  the  teft  of  my 
Jkul  and  judgment,  according  to  law.  *  So  help  me  God. 

G  v 


*XVH;  tndbejtfurtter-enadea,  by  the  authority  aforefaid,  tax  Cornelius  Harnett,  Frederick  Crete,  Daniel  Dun. 
hibben,  Artl^  ^M  and Thorns  Finney,  are  hereby  appointed  commillionsrs  of  ihe  Lid  tov  n,  and  Ihlu  be  and  con* 

mum  in    f*fj--a   until    tUo   *..-M-  cT,.y,rJ  ...   :  —    *7 .  -  *.v*n« 

power  and 


MM  in  office  until  the  farft  5  uefdjy  in  7«»?<*rj,  next ;  and  they,cr  a  majority  of  tbem,  (hall  have  the  lame  pi 

authority  as  the commimoners  to  be  choien  by  this  act  Ihall  or  may  have,  and  be  iuoject  to  the  lame  penalties. 

XX\    1.  MM  ,t  further  enatleS,  by  lb   authority  afore/aid,  that  if  at  any  tin  e  any  tavern  keeper,  ordin 


ordinnry-kcep. 


cr,  retailer  ot  honors,  or  keepers  of  pubic  houfes  in  the  laid  town,  ihall  iuiier  any  perlon  or  pertp.re  W  hatibever,  "to 
lit  tippling  or  drinking  inhis  or •  lu-r  houle  in  time  of  divine  fervice,  on  the  labbacn  day,  or  lhall  luher  any  perlon  or 
perlons  to  get  drunk  in  his  or  her  houfe,  on  the  fabbath  day  ;  Inch  penon  or  gerlcns  to  offending  Hall  forfeit  and 
pay  twenty  filings,  proclamation  money, for  every  Inch  offence  ;  to  be  iccove.ed  by  a  warrant  under  the  hand  and 
1   vv  rany  J11,1™  ot  the  ]  eace  fcr  the  coun£y  of  A'"u  Hanover,  and  be  paid  into  the  pul  lie  Hock  of  the  laid  town. 

AAlA.,;ft/fc  it  further  enured,  by  the  authority  afore/aid,  that  if  any  perlon  or  perfons  w  hatioever  in  the  faid 
town  Ihall,  on  any  pretence  whatever,  give  any  credit,  loan,  or  tro.fi  to  any  manner  or  teaman  belonging  to,  or  un. 
oer  «ie  command  of  any  mailer  of  a  vellct  that  now  is,  or  Ihall  ar  any  time  hercau-  r  be  lying  in  tiie  river  ot  Caps-Fear% 
exceeding  the  iu:n  of  two  (hUhngs  and  eight  pence,  proclamation  money,  except  by  the  lejve  or  licence  of  the  mailer 
or  commander  of  the  veflel  he  belongs  to,  or  where  fuch  tailor  or  manner  (hall  have  li  ft  the  veiltl.  to  aj  ply  to  either 
of  the  courts  of  jiifhce,  in  any  ci'puies  or  controrerlies  with  the  captain  or  commander  ot  Inch  veflel ;  'that  then  and 
m  kxi  cale,  he,  Ihe   or  they,  (hall,  tor  every  fuch  default,  lole  all  the  monies  or  goods  fo  truiud  or  credited. 

XaJ£.  4n<t he  it  further  en,' died,  by  the  authority  aforefaid,  that  ii  any  perlon  cr  perfous  whajtfbsver  in  the  faid 
town,  (hall  wi.hngly  or  willlully  entertain,  harbour  or  keep,  or  fuller  to  be  entertained,  harboured  or  kept,  directly  or 
indirectly,  any  teamen  belonging  to  any  vefle|  as  aforefaid,  iu  his,  her,  or  the.r  houle  or  houfes,  exceeding  the  fpace  of 
fix  hours,  wihou  trie  privity  or  conferit  of  his  commander,  (except  in  the  cafe  before  excepted)  he,  flie  or  they,  fo 
offending,  dial',  forfeit  the  fum  of  twenty-five  fhillijjgs,  proclamation  money,  for  every  turn  offence  ;  to  be  recovered 
by  warrant  under  the  hand  and  feal  of  any  Juilice  ot  the  Peace  for  the  county  of  New-Hanover,  and  paid  imo  the  pub- 
lic ftock  or  fund  of  the  faid  town, 


Chap.  XI  /.  AnacJfor  ejjallifhing  the  titles  of  the  freeholders  in  Edenton  ;  fir  hying  a  tax  (or  fin\foh:g  the  church  be. 
&un  in  the  faid  town,  and  for  the  further  improvement  and  better  regulation  then  of. 
\^7"ERS,A:>  purfuant  toleveral  acts  of  Afl'embly  of  this  Province  heretofore  palled,  four  hundred   and   twenty 

*  vi  n  /aC'"eS  °f  land' lyillg  '"  the  f°rk  °f  Q-ueen  Ami:,%  creck>  in  Chowan  county,  bounded  eafiward  by  ihe  lands  of 
Miles  Gale  ;  northward,  by  the  lands.pf  William  Badham  and  George  Li/les  ;  on  the  weft-ward,  by  the  Beaver-Dam  and 
creek  ;  an  J  on  the  f-.uthw.ird,  by  the  found,  was  purchal'ed  by  the  pobi  c,  and  laid  out  for  a  town,  called  Edenton  ;  and 
part  thereof  divided  into  lotsof  half  acres,  as  will  more  lullyappear  by  the  plan  thereof  already  drawn,  with  convenient 
itreetsand  paflages,  a  place  for  a  church,  Governor's  houfe,  court-houfe,  burying-place,  market  place,  council  roam, 
and  other  purpoies  ;  and  by  the  faid  acts,  veiled  in  'ee,  in  commillioners  or  truilees,  to  ddpafe  thereof  according  10  the 
directiun  of  the  faid  feveral  arts;  and  the  commillioners  or  truffees  of  the  laid  town,  have  conveyed  lots,  of  halt  acres 
of  land,  to  feveral  perlons,  who  have  built  thereon  :  And  whf  reas  leveral  of  the  laid  .,<£ts  have  been  fiuce  repealed  or 
exp  red,  whereby  many  mifchiefs  may  arile,  and  the  improvement  cl  the  laid  town  much  retarded,  and  the  titles  to  lots 
in  the  lame    drawn  into  dilpuie  :  for  remedy  whereof, 

II.  Be  it  ensiled,  by  the  Governo-,  Qouncil,  and  AJfemtdy ,  and  by  the  authority  of  the  fame,  that  the  faid  com  million  ers 
or  truffees  heretofore  appointed,  are  hereby  declared  to  hare  had  a  good,  abfolute,  and  indefealible  effate,  in  fee,  in 
the  faid  four  hundred  and  twenty  acre;  of  land,  in  trull  and  confiden  :e,  to  and  for  the  ufes  by  the  laid  feveral  acts 
intended  ;  and  Thomas  Barker,  John  Craven,  Jofeph  Blount,  Charles  Blount,  and  James  Luten,  pentlemen,  the  prefent 
commiilioners,  are  hereby  declared  to  have  a  good,  ab:oLt?,  and  indefeaTible  eltate,  in  fee,  in  all  Inch  lots  in  ibe  laid 
town  as  have  not  been  already  difpofed,  of  by  former  com  nillioners  or  truttees,  or  have  lapled  for  "ant  of  complying 
with  the  conditions  of  the  deed- by  which  the  lame  have  been  granted  ;  and  the  faid  commillioners  (hall  hold  the  fame 
in  trull,  and  to  the  ufes  herein  after  mentioned,  and  (or  no  olitr  tile  or  purpole  whaifoever  ;  and  the  faid  lots  are 
hereby  confirmed  to  them,  and  their  iucceilors,  for  iuch  ides  ;  an\  law,  flatute  cr  u.'age  to  the  contrary,  and  the  re- 
pealing, expuing,  or  fulpenfion  o!  any  la'w, notwithstanding. 

III.  And  he  it  further  enacled,  by  the  authority  afcnf.id,  that  ihe  faid  Thnias  Barker,  the  piefcnt  treafurcr  of  the 
laid  town,  and  his  (uccefl'ors  in  cilice,  Ihall  rece  ve  all  monies  arifing  by  virtue  of  this  acf.  to  be  apt  lied  as  herein  after 
directed;  and  on  his  death,  or  removal  out  oi  the  county  ot  Vhowan,  the 'vext  eldeft  t.o.nn.itToner  ihall  fucceed 
him  in  the  faid  office,  firrt  giving  fecurity  to  the  Joftices  of  Chowan  county,  in  the  turn  of  one  hundred  pounds,  for  the 
juft  performance  of  the  faid  trull  ;  and  at  all  tunes  hereafter,  in  eale  of  ihe  dearh  or  removal  out  of  this  province  of 
neither, or  any  of  the  commillioners  o(  ihe  atore  aid  lawn  of  Edenton,  it  (hall  and  may  be  lawful  for  the  furvivors,  or  a 
majority  of  them,  to  elect:  and  chufe,  out  ot  the  freeholders  ot  the  laid  town,  another  comn.ilfioner,  or  other  coinmif- 
lifiner-',  in  the  rocm  and  Head  of  h.iu  or  them  to  d)  ing  01  removing. 


27 

IV.  And  be  it  further  en?.cled,  ly  the  authority  afore/aid,  that  all  deeds  heretofore  msde  by  the  comrr.iflioners  for  any 
lets  of  land  in  the  laid  town,  the  conditions  ot  which  have  been  fulfilled  and  complied  with,  fh-;ll,  and  are  hereby  de- 
clared to  he  good  and  valid  in  law,  and  fliall  con/ey  the  fce-limple  thereof  to  the  grantee:,  their  heirs  and  affigns, 
{or  ever, 

V.  And  be  it  further  enacjed,  by  the  authtrity  aforefaid,  that  the  commiffioners  of  the  Lid  town,  or  any  three  of  them, 
fhall,  and  are  hereby  impowered  ,r,d  required,  on  application,  to  grant  and  convey,  in  tee  limple,  any  of  the  lots  of 
the  laid  tow  n,  containing  each  half  an  acre,  or  thereabout,  not  beiore  granted,  or  which  have  lap  fed,  or  fliall  lapfe,  by 
the  grantees,  or  thole  who  hold  or  claim  under  l hem,  not  having  complied  with  the  condition  of  the  deeds  by  which 
the  lame  were  or  lhall  be  granted,  for  which  the  grantees  fliall  pay  ten  lhilling*,  proclamation  money,  for  each  lot,  if 
not  a  water  lot,  and  five  flulhngs  for  each  water-lot  ;  and  all  deeds  made  for  conveying  luch  lots  in  the  laid  town  as 
are  not  water-lots,  lhall  be  on  condition,  that  if  trie  grantees,  their  heirs  or  affigns,  fliall  not,  within  two  ycarsfrom  the 
date  of  each  relpecbve  deed,  erect  and  build  tor  each  lot  thereby  granted,  a  gocd  Inbftantial  brick,  flune,  or  framed 
habitable  houfe,  not  oi  lei's  dimenfions  than  twenty  feet  long,  fifteen  teet  wide,  and  eight  feet  high  between  the  firft 
floor  and  the  joilis,  or  mrke  inch  other  improvements  as  by  rhe  majority  of  the  commiffioners  fliail  be  deemed  equiva- 
lent luch  <\eed  lhall  be  void  ;  and  all  decdi  to  be  made  for  convening  water-lots,  lhall  be  on  condition,  tint  if  the 
grantees,  their  heirs  and  aliigns,  (hall  not,  within  two  years  from  the  date  ofea:h  refpective  deed,  fecure  the  front 
ltreet  fifty  feet  from  the  wafer's  encroachment,  or  build  a  wharl  to  the  edge  ot  the  channel,  fuchdeed  (hall  be  void. 

VI.  rfnd be  it  furtke-- enjfled,  by  the  autbortly  ajorefiiid,  that  in  all  cales  where  deeds  ha^e  been,  or  hereafter  fhall 
be  made  by  the  coinmillioners  of  the  faid  .own,  or  a  majority  of  them,  fcr  any  lot  or  lots,  and  the  grantees,  or  thole 
who  hold  under  them,  have  not,  or  fliail  not  comply  with,  and  fulfil  the  conditions  of  the  lame,  the  commiffioners  may, 
and  are  hereby  impowered  to  gra.it  luch  lo:  or  lots,  to  any  perion  or  perfons  applying  for  the  lame,  in  luch  manner 
as  they  might  or  co.ild,  t  luch  lot  or  lots  had  never  been  before  granted. 

VII.  And  be  it  further  enacted,  bv  trie  authority  aforefaid,  that  luth  perfons  as  are  owners  of  lots  in  the  faid  town 
facing  or  fronting  any  water  io;s,  lhall  have  the  preference  in  taking  up  luch  water  lots,  and  no  others  fliall  be  admitted 
to  have  deeds  from  the  commiffioners  for  the  fame,  till  after  fix  months  notice  given  to  the  owners  ot  fuch  lots  io  fa- 
cing or  fronting  tha  water  lots  as  aiorelaid,  and  their  neglecting  in  that  time  to  appl)  for  deeds  fur  'hem. 

VIII.  And  whereas  his  Excellency  the  Governor,  and  the  other  public  officers  of  government,  do  not  at  prefent  re- 
fide  or  keep  their  office;  in  Edenion,  whereby  eig'n  acres  of  land,  or  thereabout,  in  the  laid  town,  heretofore  appropri- 
ated to  the  ufe  of  the  Governor  or  commander  in  chief  for  tie  time  being,  are  not  applied  to  any  ule  or  purpofe 
whatfoever,  but  would  greatly  contribute  io  the  better  Settlement  of  the  town,  were  the  commiffioners  inverted  with 
power  to  dil'oole  of  the  lame  ;  and  of  late  years  the  land^  in  fome  parts  of  the  faid  town,  adjacent  to  the  water,  hag 
hicreafed,  but  not  being  within  the  plan  thereof  cannot  be  difpofed  of  to  fuch  as  are  defnous  topurchafe  the  fame  ;  Be 
it  thei  efv  e  enadted  by  the  authority  aforefaid,  that  from  and  after  the  pafiing  of  this  act,  it  lhall  and  n  ay  be  law  ful  for  the 
coiivniiiioneri  of  Edenton,  or  a  majority  of  them,  to  caufe  the  faid  eight  acres  of  land,  more  or  lefs,  heretofore  appro- 
priated as  aforelaid,  to  be  laid  out  in  fuch  lots  as  they  lhall  think  molt  conven'eiit,  and  caufe  a  plan  thereof  to  be  made, 
and  therein  infert  marks  and  numbers  to  the  lots  in  the  lame  contained  ;  which  lots  lb  !a;d  out,  fhall  be  by  the  com- 
miliionei>,cr  a  majority  of  them,  on  the  third  day  of  the  next  fupreme  court  to  be  held  at  Eder.ton,  fold  in  fcparate 
lots,  at  public  auction  ;  and  the  fa:d  commiffioners  fliall  make  and  execute  deeds  for  the  granting  and  conveying  the 
fame,  io  the  purchafer  or  purchafers,  and  to  his  or  their  heirs  or  afligns  for  e\er,  without  any  condition  or  refervation 
whaMoever  ,  and  the  money  ariling  by  luch  fale,  lhall  be  applied  as  herein  directed,  and  the  deeds  which  fhall 
be  (o  executed,  fhall,  and  are  hereby  declared  to  be  good  and  valid  in  law,  and  fhall,  efreeluaHy,  convey  the  fee  fimple 
of  the  lots  m  the  fame  mentioned,  to  the  grantees,  their  heirs  and  afligns  tor  ever  ;  any  law  or  ftatute  to  the  contrary, 
notwithltandmg. 

IX.  And  be  it  further  enacled,  bv  the  authority  af^refaid,  that  the  commiffioners,  or  a  majority  of  them,  fhall,  and 
they  are  hereby  directed  to  caufe  fuch  land  atij  icent  to  the  water,  as  has  increafed,  and  is  not  contained  within  the 
preleiu  plan  of  the  faid  town,  to  be  laid  out  m  fuch  lots  as  they  lhall  think  molt  !  unable  ard  convenient,  ai:d  caufe  a 
plan  of  fjch  lots  to  be  made,  with  marks  and  numbers  to  the  fame  inferted,  and  fhall,  on  application,  by  deeds  of  con- 
veyance, gr  mu  and  convey  the  fame  in  fuch  manner,  and  under  the  like  conditions  as  i ,  herein  before  directed  in  the 
granting  ot  Inch  vacant  lots  as  are  contained  in  the  prefent  plan  of  the-  faid  town,  and  have  not  been  heretofore  appro- 
priated to  the  ule  of  the  Governor  or  commarder  in  chief,  as  is  before  recited  ;  and  all  deeos  which  fhall  be  executej 
for  the  fame,  fliall,  and  are  hereby  declared-go  xl  and  valid  in  law,  and  fliall,  effectually,  convey  the  iee-fimple  thereof 
to  the  grantees,  their  h;  irs  and  afligns  for  ever,  on  complying  with  and  fulfilling  tner ond  tions  to  he  exprefied  in  the 
fame  cl^eds  ;  an  I  all  lots  t  j  be  granted  in  virtue  of  this  act,  lhall  be  deemed  and  reputed  to  be  within  the  bounds  of 
the  faid  to.vn  ;  andthe  owners  thereof  fliall,  at  all  times,  be  fubjeft  to  the  lame  duties,  taxations  and  in.pcfitions,  aid 
entitled  to  the    fame  rights   and  privileges,  is  the  owners  ol  lots  already  granted. 

X.  And  to  present  dilputes  in  refpect  to  grantees  of  anv  lots,  or  thofe  w  ho  claim  .mder  fuch  grantees,  having  com- 
plied with  the  condi  ions  in  the  deeds  by  which  tl  e  fame  have  been,  <rr  lhall  he  granted  ;  be  it  enacled,  by  the  authori- 
ty afor<faid,  that  in  all  cafes  where  a  certificate  fliall  be  had  from  the  commiffioners,  or  a  majority  of  them,  or  oath 
fhall  be  made  in  the  county  court  of  Chowan,  by  ore  credible  wimels,  that  ary  let  or  lots  hath  rrhave  hern  laved  ac. 
eoiding  to  the  conditions  of  the  deed  w  deeds  by  which  the  faice  is,  are,  or  Hall  be  grai.ted,  luth  certificate,  or  a  co- 


23 

py  of  therccord  of  fuch  oath,  fhill,  in  all  courts  of  law  or  equity,  bs  deemed  and  held  to  be  legal   evidence,   that   the 
conditions  of  fuch  deed  or  deeds  have  been  fulfilled  and  complied  with. 

XL  And  be  it  further  en-.tc7?d,  by  the  authority  afore/aid,  that  the  feveral  parts  within  the  prefent  plan  of  the  faid 
town,  laid  out  for  (tree  :s,  paffages,  the  church,  councilroom,  burying-phce,  market-place,  court  houfe,  prifon  and 
common,  be  relerved  for  thofe  ufes,  and  no  other. 

XII.  And  be  it  further  enacled,  by  the  nuihirtty  afo>~efaid,  that  the  comrnklioners  or  a  majority  of  them,  may,  and 
they  are  hereby  impovvered,  annually,  0:1  the  fecond  Tue/day  in  January,  to  lay  a  tax  on  each  male  taxable  in  the  faid 
town,  not  exceeding  one  (hilling  and  (i.ep;  ice,  proclamation  money  ;  to  be  applied  towards  the  expence  of  building 
and  rep  liring  public  wharfs,  a  market. houfe,  or  to  defray  other  public  charges  in  the  faid  town  9  which  tax  fhall  be 
collected  by  lucii  perfon  as  they  (hall  appoint,  who  {lull  demand  the  lame  ;  and  in  cafe  of  r.-fulal  or  neglect  after  fucii 
demand,  levy  tne  tame  by  diftrefs  auJ  file  ot  tlie  goods  of  the  perfon  or  perions  fo  refilling  or  neglecting,  and  (hall  ac- 
count for  the  fame  to  the  commillioners  on  oath. 

XIII.  And  bs  it  further  en.tcljd,  by  the  authority  af ire/aid,  that  each  and  every  perfon  or  perfon  poffeiTed,  or  who 
fliall  be  hereafter  pofiefted  of  an/  lot  or  lots  of  the  faid  town,  not  yet  cleared,  (hall,  within  the  fpace  ot  fix  months  after 
the  palling  ot  this  ad,  where  they  are  at  prefent  in  poireiTion,  and  within  fix  months  af:er  the  date  of  their  deeds,  for 
any  lots  hereafter  to  be  granted,  cut  down  all  brulh  thereon  glowing,  and  once  in  each  year  do  the  fame,  under  the 
penalty  of  five  (hillings,  proclamation  money,  for  each  neglect  ;   to  be  recovered  and  a.iplied  asis  herein  alter  directed. 

XI V.  And  to  prevent  annoyances  and  nufances  ;  be  it  further  en.  clcd,  by  the  authority  nj ore/aid,  that  if  any  perion 
or  perfons  fhall  throw  out,  or  lay  in  any  public  Itreet,  or  upon  any  public  place  in  the  laid  town,  3ny  drt,  rubbiih,  duft 
or  mortar.-  except  Inch  as  are  building  or  repairing  houfe  s,  every  perfon  fo  offending,  ihali  forfeit,  to  the  commillion- 
ers  of  the  faid  town,  for  every  offence,  ten  (hillings  proclamation  money,  to  be  recover*:  d  and  applied  as  is  herein  after 
directed  ;  and  if  any  fuch  offence  is  committed  by  any  fervant  or  flave,  fuch  lervant  or  Have  mall  be  punilhed  by  whip- 
ping, not  exceeding  thirty  lathes,  by  direction  of  two  Juftices  of  the  Peace,  provided  the  matter  or  miiheis  refufes  to 
pay  the  laid  line. 

XV.  And  be  it  further  enacled,  by  the  auhirity  afjref-.iid,  that  as  often  as  the  ovcrfeer  of  the  roads  or  ftreets  in  the; 
faid  town  (hall  fummon  tbe  male  taxables  thereof  to  clear  the  laid  roads,  ftreets,  and  public  pbces,  of  ail  woods,  weeds, 
rubbiih,  cr  other  nufances,  or  to  repair  or  mend  the  ftreets  or  bridges  in  the  fame,  any  perfon  refilling  to  oblcrve  the 
overfeers  direction,  except  fuch  as  by  fa  >v  are  exempted  from  working  on  public  roads  in  any  county,  he  fhall  forfeit  and 
pay,  for  every  oifence,  the  funi  of  ten  (hillings,  proclamation  money  ;  to  be  recovered  and  applied  as,  is  herein  after  di. 
reeled. 

XVI.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commtffioners  of  the  faid  town,  fliall  within  fix 
months  after  the  paffing  of  this  ;ct,  lay  out,  or  oaule  to  be  laid  out,  the  Itreets  and  paQages  of  the  fame,  and  caufe 
good   ports  to  be  let  up  to  afcirtain  the  bounds  thereof. 

XVII.  And  be  it  fwthcr  enacled,  by  the  authority  aforefaid,  that  the  commillioners  of  the  faid  town,  or  a  majority 
of  them,  may.  and  are  hereby  impowered,  wirbin  one  year  after  the  pairing  of  this  act,  to  lay  a  tax  on  each  and  every 
perfon  holding  any  lot  or  lots  in  the  lame,  atcoi  ding  to  the  number  of  his  or  her  lots,  net  exceeding  five  (hillings  for 
each  lot,  to  be  applied  towards  fencing  or  dnchf  «  in  the  laid  town  ;  and  in  cafe  any  perfon  fhall  neglc£t  or  refule  to 
pay  the  fame.  Ik  or  Ihe  (hall  pay  two  Ihillings  and  f»x  pence,  over  and  above  the  faid  tax,  for  each  lot  he  or  fhe  fhall 
hold,  to  be  recovered  and  applied  as  is  herein  after  directed. 

XVIII.  And  be  it  further  enaclid,  bv  the  authority  aforefaid,  that  if  any  perfon  after  the  fanl  town  fhall  be  fenced  or 
ditched  in,  fliall  voluntarily  pull  down,  ordeltroy  any  part  of  the  town  fence  or  ditch,  fuch  perion  (ball  forfeit  and  pay, 
for  every  oifence,  ten  pound;,  proclamation  money,  to  be  recovered  and  applied  as  is  In  rein  after  directed  :  and  from 
and  after  that  time,  it  fhall  and  may  be  lawful  for  aiy  perfon  to  rake  up  and  pound  any  hogs,  {boats  or  pigs,  which  fhall 
be  found  ranging  at  large  in  the  laid  town,  fo  long  a*  the  fence  or  ditch  fhall  be  kept  in  good  repair;  and  the  hogs, 
pigs  or  (boats,  fo  taken  up,  fhall  be  fold  at  auction,  and  the  money  arifuig  thereby,  given  by  the  commiflioners  to  the 
pov  r  of  the  town. 

X(X.  And  be  it  further  enacled,  bv  the  authority  aforefaid,  that  all  fines  and  forfeitures  in  this  aft  mentioned  rot  ex. 
seeding  twenty  (hillings,  proclamation  money,  fliall  be  recovered  by  a  warrant  under  the  hands  and  feals  ot  the  com- 
millioners of  the  faid  town,  or  a  majority  of  them  ;  and  all  fines  and  forfeitures  above  twenty  (billings,  fhall  be  recover- 
ed in  any  court  of  record,  by  action  o1  debt,  with  coils,  by  the  laid  tommifiior.ers. 

XX.  And  be  it  further  nuclei;  bv  the  authority  afore/lud,  that  all  fines  and  forfeitures  by  this  act  impefed,  and  not  o- 
thai-wife  appropriated,  and  all  monies  which  fhall  arife  by  the  fale  of  any  lots  to  be  granted  by  the  ccn.miliioners  of 
the  faid  to.vn,  asis  herein  before  dhected,  and  fliall,  and  are  hereby  dheited,  after  their  reafonable  chrrges  and  ex- 
pences  are  deducted,  to  be  applied  towards  building  and  keeping  in  repair,  a  market-houfe,  and  public  wharfs,  and 
towards  buying  one  or  more  water  engines,  buckets,  Jaddeis,  and  oiler  initrumen's,  to  be  under  the  care  of  the  faid 
commifftoners,  for  the  fafcty  and  prefcrvarion  of  the  laid  town,  in  cafe  of  accidents  of  fire,  and  to  fuch  other  ufes  as 
the  faid  commillioners  (ball  think  moil  convenient  for  the  encouragement  and  advancement  thereof. 

XXI.  And  whfreai-the  church  in  the  laid  town,  partly  built  by  the  charitable  donations  of  religion  and  well  dif- 
pnfed  chriftians,  for  want  ot  money  in  the  hands  of  the  commillioners,  rema'ns  unfmifhed,  and  the  prefent  veftry  of 
67.  Paul's  pji-ifh  have  neglected  to  lay  a  tax  for  the  finilhing  thereof; ;  wherefore,  that  the  pious  intentions  of  the  do- 
ners may  not  be  frufixated,  in"  an  undertaking  fo  well  intended  for  the  encouragement  of  religion,  be  it  enacled,  by  the 


mithir'tty  ahrefaiZ,  'hit  an  annual  tax  of  t,vo  fij^TkiffS,  proclamation  money,  fliall  be.  and  is  hereby  !aid  on  each  tax- 
,..  ,,'.     i  :ne  pariib  olSt.  PjuI, in  the  count)  of  Chowan,  lor  i\vo  years  next  Milling,  and  flull  be  collected  by  tin 

flier.  l"in  t :.  fame  ma  iner  t  it  public  raxes  are  colic  fed,  and  ilnll  be  accoumrd  lor  ard  paid  bj  bin  to  the  commiffi- 
oners  of  the  faid  church,  who  ihall,  and  are  required  am;  directed  to  apply  the  lame  towards  rjniihing  the  faid  church 
in  a  decent  and  wotki..  inlike  manner,  ai.d  to  cab  all  former  commilfioriers,  their  in  ;rs,  executors,  or  admiriiitrators, 
an  J  others  who  have  1  their  h  m!  niy  money  heretofore  appropriated  to  that  tile,  to  account  ;  and  on  their  failing 
to  accou-::  a  id  p  iv  die  fame,  on  motion  to  the  fuprenje  court  ac  Rdenton,  to  obtain  judgment,  and  take  out  execution 
againft  them  fb  much  a3  fere  (hall  appear  to  be  due  from  them,  giving  ten  days  previous  notice  of  l'uch  motion  to 
the  parr v  againIL  Whom  the  fame  Ihall  be  made. 

XXII.  And be  it  further  epa£ledthy the  authority  afpre/aid,  rhat  tie  remmiffioners  appointed  for  finifhing  the  faid 
church,  (hall,  -nice  in  two  year;,  account  to  the  Juttices  of  Chowan  county  court,  for  all  money  I  j  ihe  Said  commiffion- 
ers  already  received,  or  hereafter  to  be  received,  either  on  account  of  the  donations  made,  or  taxes  laid  for  building 
and  Unfiling  the  lame,  and  tor  whatever  difburfement  they  have  heretofore  made,  or  ihall  hereafter  make  ;  and  in 
cafe  of  their  falling  to  account  as  aforesaid,  the  (aid  Juftices  ihall  ard  may  maintain  an  aft  ion  aga'nit  them  for  the  mo- 
ney they  Ihall  have  received,  ana  recover  the  lau.e  with  coils  ;  and  the  muiies  fo  recovered,  ihall  be  applied  toward* 
finilhing  the  faid  church  as  is  before  directed. 

XXX  Geoeg2  II.     The  1 6th  of  May,   1757. 


Ch.'.p.  IV.  AnaH,jor  fin'fning  the  church  in  Wilmington. 
I-  ¥ T7HEREAS  by  virtu;  of  an  act  of  Aflembly  palled  in  the  year  cne  thou&nd  feven"  Kundred  jnd  fifty-one,  intitu- 
W  led,  Anal  or  building  a, church  in Wilmington,  in  St.  Jaines'j  fari/h,  in  New-Hanover  cotniv*,  certain  com-. 
naifhoners  therein  named  have  received  the  taxes  which  were  laid,  and  the  f urns  which  were  lubfcribed,  or  part  of 
ihem,  for  and  towards  building  the  faid  church,  at.d  luve  caufed  part  ot  ihe  wa  Is  of  the  laid  churth  to  be  bu.lt,  but 
have  ro:,  lor  fome  months,  m.,de  any  progrefs  in  the  faid  wo.k,  nor  have  they  rendered  accounts  ot  what  money  has 
been  received  and  expended  lor  the  faid  building  :  in  order  therefore  to  flnifli  the  faid  church,  to  bring  to  account  ail 
thole  who  have  been  concerned  in  receiving  and  paying  money  for  the  fame,  as  well  as  thole  who  ace  U.l.  in  arcear,  for 
the  taxes  and  ntbfcription,  aborted  to  the  laid  church  ; 

II.  Be  it  en  ..  '  the  Governor,  Council,  and AJTembty,  andhy  the  authority  ofifiefame,  that  John  DuBois,  Cornelius 
H.irn>tt,  and  G.orr?e  Wakely,  Efcjrs.  or  the  majority  of  them,  be,  an  I  ai  e  hereby  conltiruted  snd  arpoi;  cd  comiviihion- 
er»  f  ;r  firtifhinc  the  laid  church, in  the  room  and  Head  of  the  eo:n;  lffioncrs  appointed  In  and  by  the  act:  herein  before 
recited,  with  full  p  >wer  and  au  hority  to  th?"n  the  faid  John  DuBoisi  <  ornslius  Harnett,  and  George  W.al  h ,  or  ihe  ma- 
jority of  tHem,  to  account  with  the  former. comrniflioners,  or  any  of  them,  who  have  received  money  or  e Heels  for  the 
purpofe  aforelaid  ;  and  aiib,  to  bring  to  account  every  fnerm'wl.u  is  in  arrear  i  r  pai  fh  taxes  appropriated  to  the  faid 
thin  c!i  and  all  prrfens  who  nave  neglected  to  pay  the  iurns  'ay  them  i  elpectivel  y  fabferibed  :  aid  it  any  former  com- 
niiflioner,  the  executors  or  adfniniftrators  tif  any  corpmiffioner,  my  flier  iff,  or  other  perfon  in  arrcar,  cr  fulpected 
iio be  in  arrear  as  aforefaid,  or  having  any  money  or  materials  which-have  been  appropriated  for  building  the  (aid 
church,  in  his  or  their  enftody,  ihall  refufe  or  neglect,  on  rerjueit  tc  him  or  them  made,  to  account  with  the  faid  Join 
DuBois,  Cornelius  Harnett,  and  George  Wakely,  or  the  majority  cf  them,  upon  oath,  or  to  produce  vouchers 
where  the  nature  of  the  cafe  requires,  and  to  pay  the  bal'ance  Ly  him  or  them  refpeaiveiy  due  ;  then  upon  fuch  refit- 
fa!  or  ne^bct,  it  (ball  be  lawful  for  the  lupreme  court  at  tyilminglont  or  for  the  county  ceurt  of  New Hanover,  (where 
the  fura  is  within  the  jut i!'d  ction  of  that  court)  upon  motion  of  the  faid  John  DuBois,  Cornelius  Hurnitt,  and  George 
H'ukdy,  or  the  majority  of  them;  10  give  judgment  agamlt  fuch  commiflioner,  CierifT,  or  other  perfon  cr  ptrfons,  for  all 
the  money  wherewith  he  is.  or  they  are  chargeable,  for  the  purpofe  afore  faid,  and  thereupon  to  award  execution 
againft  the  gaods  and  chattels,  lands  and  tenements,  of  fuch  comaiiffioner,  fneriif,  or  other  perfon  ;  provided  that  fuch 
Cdm  n'!:i  >ner,  flu-riff,  or  other  perfon,  Ihall  have  ten  days  notice  of  fuch  motion. 

III.  And  he  it  further  enofted,  by  the  authority  afore/aid,  that  the  faid  commiilioners,  or  the  majority  of  them,  fliall, 
every  yar,  ar  the  firfr  meeting  of  the  veftry  cfSt.  James's  parifh,  after  Ealter-T\londay,  render  to  the  laid  veflry,  upon 
oath,  a  fair  and  jail  a'coant  of  all  the  money  and  effects  tney  ihall  have  received  and  expended  by  virtue  of  the  truft 
hereby  in  them  repofed  ;  ard  the-faid  veflry  ihall  tranf.uit  to  the  fellion  of  the  General  Aflembly  next  after  iheir  laid 
meeting,  a  duplicate  of  the  faid  accounts,  with  their  report  thereupon. 

IV.  And  be  it  further  evaded,  that  the  faid  commiffionei  s,  or  ihe  majority  of  them,  fhal!  proceed  in  building  and  fi- 
nifhii  g  the  faid  churcli,  as  far  as  the  fums  and  materials  they  (hall  receive  by  virtue  of  this  act,  will  enable  them  ;  and 
in  fuch  build  ng  and  Sniffling  fliall  be  guided  by  the  directions  of  the  veflry  ot  St.  James',  paiilli,  v»  hich  they  lhail  iroia 
time  to  time  receive. 

•$.   13. 

H 


3° 

XXXI  George  II.     The  21ft  of  November,   1757. 

Chap.  V.  An  ail  for  eflabliflnng  a  toivn  on  the  land  of  James  Leilie,  on  Roanoke  rtver. 
1.  YT  7HEREAS  it  hath  been  represented  to  this  Aflembly  that  the  land  of  James  Lcflie,  lying  on  the  fouth  fide  ot 
VV  Roanoke  river,  in  Edgcomb  county,  is  a  healthy,  p'.eal'ant  fituation,  well  watered,  and  commodious  for  com- 
merce ;  and  Sundry  merchants,  and  perlons  o:  note,  have  contracted  with  the  laid  James  Leflie  for  the  purchafe  of 
one  hundred  acres  of  the  laid  land,  and  are  defirous  that  a  town  fhould  he  erected  thereon,  for  promoting  the  trade 
anJ  navigation  ofthe  laid  river  : 

II.  Be  it  therefore  enacled,  by  the  Governor,  Council  and  Aflembly,  and  by  the  authority  ofthe  fame,  that  the  faid  one 
hundred  ac  es  of  land,  when  the  lame  (hall  be  laid  oft,  according  to  the  directions  of  this  act,  be,  and  the  fame  is  here- 
by conftituted,  erected,    and    eftablifhed  a  town  ;   and  fhall  be  called  by  the  name  of  Halifax. 

III.  And  be  it  further  enacled,  by  the  authority  afore/aid,  that  from  and  after  the  palling  of  this  aft,  Thomas  Barker, 
Alexander  M'Cu/loch,  John  Cibfon,  Richard  Drownrig,  and  Robert  Jones,  the  younger,  be,  and  they,  and  every  of  them, 
are  hereby  constituted  directors  and  truftees,  for  defigning,  building,  and  carrying  on  the  faid  town  ;  and  they  lhall 
ftand  Seized  of  an  indefeafible  eftate,  in  fee,  in  the  laid  one  hundred  acres  of  land,  to  and  for  the  ufes,  intents,  and 
purpoies,  hereby  exprefl'ed  and  declared  ;  and  they,  or  any  three  oS  them,  (hall  have  Sull  power  and  authority  to 
meet  as  often  as  they  lhall  think  necelfary,  and  to  appoint  a  public  quay,  and  Such  place  on  the  Said  river,  for  a  public 
landing,  as  to  them  fhall  Seem  convenient  ;  and  to  lay  out  four  acres  of  the  Said  one  hundred  Sor  a  market  place,  and 
other  public  buildings ;  and  the  refidue  tnereof  into  lots,  Streets,  lanes,  and  alleys,  or  So  much  ofthe  Same  as  will  make 
at  leaft  one  hundred  and  twenty  lots,  of  half  an  acre  each  ;  and  caule  apian  thereof  to  be  made,  and  therein  U>  iniert 
marks  and  numbers  to  each  1  it. 

IV.  Provided  neverthelef-,  that  nothing  in  this  act  contained  fhall  be  conftrued  or  extend  to  grant  power  to  the  faid 
directors,  or  their  fucceffun,  or  any  other  freeholder  of  the  faid  town,  tokeej)  a  public  ferry  at  the  landing  fo  to  be 
appointed  by  the  /aid  d  rectors,  in  prejudice  to  the  ferry  to  the  Said  J imes  Leflie,  now  by  law  eftnbliflied.  And  in  cafe 
if  ihould  hereafter  be  found  necetf-ry  to  ef^t  a  public  fjrfy  at  the  faid  landing,  the  right  ot  keeping  the  fame  lhall  re- 
main to  the  (d\djamjs  Lflie,  his  heits  and  aliigns.;  until  he  or  they  lhall  refute  to  comply  with  the  terms  by  law  prefcri- 
bed  for  erecting  and  keeping  public  ferrits. 

V.  And  whereas  lubi'cription->  have  already  been  made  for  one  hundred  and  twenty  1  >*-s,  to  be  laid  off  in  the  faid 
(own  ;  be  it  further  enacled y  by  the  authority  afqrefaidt  that  the  laid  .directors,  or  the  majority  of  them,  within  one  month 
after  the  laying  off  the  Said  town,  thill  appoint  a  time,  and  give  public  notice  thereof,  for  meeting  the  faid  ftibfcribers 
on  the  Said  lanci,  Sor  determining  tiie  property  of  each  particular  lot  ;  which  fhail  be  done  by  ballot,  in  a  fair  manrer, 
by  the  direction  Qf,  and  in  prelence  of  the  majority  of  the  Said  directors  at  leaft  ;  and  each  Subscriber  fhail  be  intitled 
to  the  lot  or  lots  which  lhall  happen  to  be  drawn  for  him,  and  correfpond  with  the  number  contained  in  the  plan  of 
the  Said  town  ;  and  the  laid  directors,  or  the  m.jority  of  them,  fhall  make  and  execute  deeds  for  graining  .md  convey, 
ing  the  faid  one  hundred  and  twenty  lots  to  the  Subscribers,  their  heirs  and  aSSigus,  for  ever;  and  alfo  to  every  other 
perSon  who  Dial]  pftrchafe  any  otner  lot  or  lots  in  the  Said  town,  at  thecoftsand  charges  of  the  grantee  to  whom  the 
fame  lhall  be  conveyed  ;  and  every  perfon  claiming  any  lot  or  lots  by  virtue  of  any  Such  conveyance,  fhall  and  may 
hold  and  enjoy  the  fame  in  'ee- Simple- 

VI.  Provided  nevertheless,  that  every  grantee  of  any  lot  or  lots  in  the  Said  town,  So  conveyed,  mall,  within  three 
years  next  a'ter  the  d ate  of  the  conveyai  ce  for  the  fame,  erect,  bu  Id,  and  finifh,  on  each  tot  So  conveyed,  one  weil 
framed  hotife,  (ixteen  feet  Square  at  the  Jeaft,  and  ten  feet  pitch  in  the  clear,  or  proportionable  to  Such  dimenlions,  if 
Such  grantee  fhall  have  two  or  more  lots  contiguous  :  and  if  the  owner  of  any  lot  fhall  fail  lo  purlue  and  comply  with 
the  directions  in  this  act  prefcribed  Sor  building  and  finilhing  a  houSe  thereon,  then  inch  lot  upon  which  luch  boufe 
fhall  not  be  built  and  finilhed,  lhall  be  revetted  in  the  laid  directors  ;  and  the  laid  directors,  or  the  majority  ot  them, 
may,  and  are  hereby  im powered  and  authorised  to  Sell  Inch  lot  for  the  beft  price  that  can  be  had,  to  any  perfon  ap. 
plying  for  the  fame,  in  inch  manner,  and  under  Such  restrictions,  as  they  could  or  might  have  doi;e,  iS  iuch  lot  had  not 
beSore  been  fold  or  granted. 

VII.  And  belt  further  eni'.cled,  by  the  authority  aforefiid,  that  the  reSpective  Subscribers  Sor  the  Said  one  hundred 
and  twenty  lots  Shall,  within  one  month  after  it  lhall  be  afcertained  to  whom  each  ofthe  faid  lots  doth  belong,  in  man- 
ner herein  before -mentioned,  pay  and  Satisfy  to  the  Said  directors  the  Sum  of  forty  lliillings,  proclamation  money,  fcr 
each  lot  by  him  lubferibed  for  ;  and  in  cafe  oS  the  refuSal  or  neglect  oS  any  1  ublcriber  to  pay  the  faid  Sum,  the  Said  di« 
rectors  liiall  and  may  commence  and  proSecuce  a  Suit  \a  their  own  names  Sor  the  lame,  and  therein  lhall  recover  judg- 
ment with  colts  of  luit. 

VIII.  And  be  it  further  enacled,  that  all  monies  which  fhall  ariSe  by  a  difpofal  ofthe  Said  Jots,  granted  by  the  Said 
directors,  and  their  f  ticflSors,  in  execution  of  this  act  fhall  be  received  by  the  lad  directors  ;  and  after  theirreafon- 
able  charges  and  cxpences  Ere  deducted,  fhall  be  by  them  applied,  in  the  firtt  place,  towards  paying  and  Satisfying  the 
faid  James  Lcflie,  one  nundred  and  fifty  pounds,  for  the  Said  one  hundred  acres  of  land;  and  in.  the  next  plate,  in 
building  and  erecting  a  bridge  over  Qunkey  creek,  Sor  the  convenience  of  travellers,  in  going  to,  and  returning  Srom, 
the  1 -iid  town  ;  and  the  overplus  thereof  cowards  the  advantage  and  improvement  ot  the  laid  town,  in  fuch  manner 
as  the  majority  of  the  laid  directors  fhail,  from  time  to  time,  think  convenient. 


3* 

IX.  And  for  continuing  the  fuccelnon  of  the  fa'd  direftors  until  the  faid  town  fliall  be  incorporated  ;  be  it  enacl- 
ed, by  the  authority  afon/aid,  in  cafe  of  the  death,  refufal  to  aft,  or  removal  out  of  the  country,  of  any  of  the  faid  di- 
reftors, the  fun-King  oi  other  direftjrs,  or  the  major  part  of  them,  mail  aflemble,  and  are  hereby  impowered,  from 
time  to  time,  by  inftrument  in  writing,  under  their  refpeftive  hands  and  feal  ,  to  nominate  fome  other  perfon,  bong 
an  inhabitant  or  freeholder  of  the  faid  town,  in  the  place  of  him  fo  dying,  refuting  to  aft,  or  removing  out  of  the  coun- 
try j  which  new  director,  lb  nominated  and  appointed,  /hall,  from  thenceforth,  have  the  like  power  and  authority,  in 
all  things  in  the  matters  herein  contained,  as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  aft. 


Chap.  VI.  An  a3 for  the  better  eftablifhing  a  ferry  on  the  North-Eaft_/S/f  of  the  North-Well  river  oj  Cape-Fear,  ic- 
ing the  place  commonly  culled  or  known  by  the  name  of  D aw fon' /  ferry. 
''  \y\7 HERE  AS  the  fei  ry  on  the  North  Eajl  lide  of  the  No:  th  Wefl  river  of  Cape  Fear,  called  Dazvfon's  ferry  hath 
V  V  been  of  long  Handing;  and  found  very  convenient  for  travellers,  and  others  :  and  whereas  the  land  on  the 
North.Eaf/  fide  of  the  faid  river,  where  the  public  road  crolTes  and  leads  to  the  Yadkin,  and  To  to  South-Carolina  it 
the  property  of  William  Dawfon,  who  live,  thereon  ;  and  being  defirous  that  the  faid  ferry  mould  be  continued  'and 
fixed  at  the  fame  place  :  wherefore,  for  the  encouragement  or  the  faid  William  Dawfon,  and  conveniency  of  all  tra- 
vellers, and  to  prevent  the  removing  the  ferry  from  the  place  aforefaid ; 

If .Beit  enabled,  by  the  Governor,  Council,  and  sffemhly,  and  by  the  authority  of  the  fame,  that  the  faid  ferry  is 
hereby  unified  in,  and  iliall  from  henceforward,  be  held  and  deemed  the  right  and  property  only  of  the  faid  William 
Da-wfon,  his  heirs  or  afligns. 

III.  Andbe  it  further  enacled,  by  the  authority  aforefaid,  that  the  faid  William  Da-wfon,  his  heirs  or  afTigns  /hall 
as  foon  as  conveniently  may  be,  build  or  provide  a  good  and  fubflantial  boat,  fit  for  the  tranfportation    of  men   and' 

a  rlS,nan,r  ,ha"  malntaln  and  keeP  the  iame  aIways  in  good  repair,  and  give  conftant  attendance  at  the  faid  ferry  - 
and  fliall  alfo,  for  the  ti  ue  performance  of  rhe  fame,  at  the  county  court  of  Cumberland,  next  after  the  pa/Tine  of 
this  aft,  enter  into  bond,   with  good  and  fu/Ecient  fecurity,  to  be  adjudged  and  approved  of  by  the  faid  court 

.  IV'      Jndbe  '{further  enacled,  by  the  authority  aforefaid,   that  after  a  boat  is  fo  built  or  provided,  and  the  "(ecuritv 
given  as  aforefaid,  that  it  /hall  and  may  be  lawful  for  the  laid  William  Da-wfon,  his  heirs  or  affions     to  take  and    re 
ceive  from  all  perfons  that  (hall  pafs  over  the  laid  ferry,   the  following  rates  ;  that  is  to  fay,  fouY  pence      proclamati" 
on  money,  for  a  man  and  hcrle,  and  two  pence  like  money  for  a  footman  ;  and  one  milling  for  each    carriage   drawn 
by  one  or  two  liorles,  and  for  each  horle  more  four  pence  ;  and  one  penny  for  e^ch  lleer    cow    hog  or  /beep 

V.  And  whereas  part  of  the  road  on  each  fide  of  the  laid  ferry,  wants  to  be  cleared  and  made  good  •  he  it  enacl 
ed,  by  the  authority  aforefaid,  that  the  faid  William  Daw  fon  fliall,  at  his  own  exoence,  clear  the  fame  •  that  is  to  fav 
on  the  North- Eaft  fule  of  the  faid  river,  from  the  ierry  to  Black  river,  and  foon  the  South- Well  or  oppofire  fide  of 
the  laid  terry  to  Cumberland  court-,  houfe  ;  and  that  the  fame  fliall  afterwards  be  kept  in  repair,  and  maintained  bv 
the  commiihoners  and  ovei  leers  of  the  diitrift  in  which  the  faid  roads  lie.  y 


Chap.  X.     An  acl,  to  amend  an  acl,  entitled,    An  aft,  for  the  better  regulation  of  the  town  of  Newbern  ;    and  for 

fecuring  the  titles  of  perfons  who  hold  lots  in  the  laid  town.  p.   20. 

\A/?FRE,AS  many  d,,Putes  have  arile»  aniong  the  inhabitants  of  the    faid   town,    concerning   who  are  to  be 
▼  V  deemed  taxables  ; 

II.  Be  it  therefore  enacled,  by  the  Governor t  Council,  and  Affembly,  and  by  the  authority  of  the  fame,  that  from 
Sin3     '  "^         Mal"  bel'ubJea  to  P3?  the  town  tax  >  any  ufage  or  cufto.11  to   the    contrary   notwith- 

III.  And  whereas  the  commiiTioners  of  the  faid  town  cannot  lay  a  tax  without  confent  of  the  freeholders  or  the 
majority  of  them,  pirefent,  whereby  many  inconveniences  have  arifen,  greatly  prejudicial  to  the  rood  eovernmeut 
of  the  laid  town  ;  be  it  enacled,  by  the  authority  aforefaid,  that  the  commiihoners  of  the  faid  town,  or  the  majority  of 
them,  fliall  have  iu!l  power  and  authority,  to  lay  any  tax  on  the  male  taxables  of  the  laid  town,  not  exceeding  ten, 
/hillmKs^poll,  per  annum;  and  the  tonimiiuoners  fliall,  annually,  put  up  an  account  of  the  monies  by  them  re- 
ceived  and  expended,  at  the  court-houfe.  ' 

IV.  And  whereas  the  allowing  of  hogs  'o  run  at  large  in  the  faid  town,  is  found  to  be  a  great  nufance  to  the  in. 
nab„anu  ;  Be  it  therefore  ena&e*  h  the  authority  aforefaid,  that  none  of  the  inhabitants  of  the  faid  town,  (hail  oti 
any  pr.-.tence  whatever,  lufter  any  of  their  hogs  to  run  at  large  within  the  bounds  of  the  laid  teun;  and  any  hoe 
or h,gs  of  any  inhabitant  or  inhabitants  of  the  faid  town,  running  at  large,  fliall  beforfeited  to  ry  perion  who  Iliad 
icize  or  kill  the  lame.  *  * 

V. And  be  it  further ■  enacled,  bv  the  authority  aforefaid,  tbjt  the  commiihoners,  and  the  inVsbitams,  fliall  have 
lime.         '  pUbilC  n)eeti"£s'  °"  al!  occafions,  in  the  court-houfe,  and  have  the  liberty  of  a  key  to  the 

vZl'e.  ^"\tbi  U  !"rt'T  emiaei'  h !le  author''ty  aforefaid,  that  if  at  any  time  any  tavern-keeper,  ordinary-keeper, 
E  TV'  °r  .eeper  ,°f  a  puWlC  hollfe  in  the  Iaid  town>  mal1  luffer  a"v  perfon  or  perlons  whatsoever,  to  fit 
tippwng  01  drinking  in  his  or  her  houle  on  the  iabbath  day  j  fuch  perfon  or  perfons  fo  offending,  fhail  forfeit  and  pay 


•52 

twenty  fii'illinsrs,  proclamation  money,  for  every  fuoh  offence  ;  to  be  recovered  bv  a  warrant,    under  the  hand    and 
leal  of  any  JuTiice  of  the  Peace  for  the  county  or'  Craven  ;  and  which  Hull  be  paid  into  the  pablic  ito.k   of  the    laid 


town. 


VII.  And  belt  further  enabled,  by  the  authory  afortfaid,  that 'if -any  perfon  or  perfons  whatfoever  in  the  faid 
town,  fhall,  on  any  pretence  whatever,  give  any  credit,  h.mrtn..;  to'  any  mariner  or  feamen,  bciogmg  t  >,  or 
tinder  the  command  of  any  mailer  of  a  veilel,  thatiiow^s,  01  [hall  at  any  Time  hereafter  be  lying  in  the  livers  of 
Neufeor  Trent,  exceeding  the  film  of  two  fHill  ngs  and  eight  pence,  jwbclairiatiori  money,  except  by  the  leave  pr.li- 
cence  of  ihe  matter  or  sommander  of  the  vefle  i  he  belongs  to,  or  where  filch  (aiior  or  mariner  ihall  have  left the  veiiel, 
to  apply  to  either  of  the  courts  of  jutrkte;  in  any  difpute's  or  controversies  with  the  capram  or  commander  of  inch  vej". 
feJ  ;  that  tli-.n,  and  in  filch  cale,  he,  fhe,  or  they,  lhall,  for  every  iucii  default,  lofe  all  the  monies  or  goods  io  uui. 
ed  or  credited.  .     '  . 

V/Il.  And be  it  further  enacled,  bv  the  authority  afore/aid,  that  if  any  perfon  or  perfons  wh  .tiorver  in  the  iatci 
town  (hall  willingly  or  wilfully,  cntert  i.i,  harbour  or  keep,  or,  fufier  to  be  entertained,  harboured  or,  kept,  direct- 
ly" or 'indirectly,  anv  teamen,  belonging  to  any  veftei  as  atorefaid,  in  his,  her,  or  their  Louie  ir  boufes,  exceeding 
fiefpaceof  twenty  four  hours,  without  the  privity  or  content  ot  his  commander,  (except  in  the  cale  before  excepted), 
he,  ihe,  or  they,  reoffending,  ihall  forfeit  the  aim  of  twenty. five  {hillings,  proclamation  money,  lor  ev<ry  luch  of- 
ienre  •  to  be  recovered  by  warrant ,  u  id.  r  the  h.md  and  fe  il  of  anv  Janice  ol  the  Peace  for  the  county  of  Craven,  an4 
ra  el  into  the  public  fljeck  or  m  ;d  oi  the  laid  tow  a.     The  reji  Gbjoleie, 


Chap.  XIII.     An 

r 


Jnagf,  to  dock  the  ititajl  qfcerta in Ipnds mv> in ?(&ffi9n9f Harding  Jones,  under  a  devifein  the  will  of 
x'redei  ck  Jones,  E/lj;  his  grand  father ,  deeeafed,  by  -whom  the fame  were  intailtd* 
I.  V T 7HEREAS  Frtderick  Jones,  E'qj  lateof  this  province,  deceafed,  hetr-g,  in  his  life  lime,  feized  in  his 
VV  demefne,  as  o>  tee  fimpie,  of,  in,  and  to  certain  large  tracts  of  land,  lying  and  being  in  that  part  cfChowan, 
precincl,  now  called  Tyrr-et  county,  and  in  Hyde  and  Craven  counties  ;  and  being  lo.ieiz.ed,  the  faid  Frederick  Jones. 
did  byhislaft  will  and  teitament,  bearing  date  the  nytvh iday  of  Agril,  in  the  year  cf  our  lord  one  thouaud  leven 
hundred  and  twenry  two,  devii.e,  to  his  ton  William  Harding  Jones,  in  tail  male,  all  his  lands  on  tie  South  tide  of 
M-ratuck  river,  and  all  his  lands  in  Hyde  precinfl;  ;  and  m  default  of  heirs  male  of  the  faid  Willium  Harding  Jones,  ue- 
viied  the  remainder  of  the  laid  lands,  in  tail  male,  to  his  Ton  Fredti  ick  Jines  ;  and  by  the  fame  will,  the  teltator  devileJ 
all  his  lands,  in  Craven  precinct,  m  tail-male,  to  his  faid  Ion  Frederick  ■  and  the  laid  C/dlnm  herding  jones,  after 
the  deatn  of'the  (aid  teltator,  in  conference  of  the  laid  devife,  became  ieized  of  the  lands  devded  to  him  as  afore- 
faid  and  died  feized  thereof,  without  iff.se,  in  the  life  time  of  the  laid  Frederick  Jones,  to  w  hem  :he  remainder  was 
limited  as  aforelaid.  Whir  h  faid  Frederick,  under  the  faid  ieveral  devifcs,  became  feized  of  the  tail  feyeral  tract* 
ofhnd  in  his  lifetime,  and  1'jcn  alter  died  fo  feized,  leaving  male  iffue,  I  wo  fons,  to  wit,  Harding  Janes,  and 
Frederick  Jones  ■  which  faid  Hardixglm-s  is  now  feized,  in  t.  il  -male,  of,in,  and  u  all  the  lands  before  mentioned  j, 
and-  the  laid  Harding  Jones,  and  the  laid  Frederick  jones;  *  ho,  by  the  vill  of  the  faid  tefiajtor,  in  default  of 
heirs  male  of  iiie^i^A  Hard ng  Jones,  will  be  < milled  to  the  lands  aforelaid.  having,  by  their  petition,  let  tortn 
to  th  S  Aflembljr,  that  there  is  a  Urge  arrear  of  qiit-rents  due  on  the  faid  land  •<,  and  that  ihey  are  tin  r>-  proved,  and 
will  be  burfherifome  and  ufelefs,  unlefs  part  of  the  faid  lands  may  be  fold  to  raife  money  to  uncharge  the  quit-renn 
due  aforelaid,  and  to  improve  the  remaining  part  oi  them  ;  and  the  allegations  of  the  laid  petition  having  been  fully 

made  known  :  ,,.„,,,     ^  ^        -i         j 

II    We  pray  your  mofl  excellent  Majefty  that  it  may  be  enacted,  and  be  it  enafled,  bv  tie  Governor,  Council,   and 

liffemhly,  and  by  the  authority  of  the  fame,  that  the  intarlmcnt  of  the  faid  lards,  in  .he  ftveral  counties    aforefaid,   io 

holden  and  pofleflV  d  by  the  laid  Harding  Jones,  by  virtue  of  .he  will  of  his  grandfather  Frederu  k  ju.es,    the   teltator 

(except  one  thoulaod  acres  thereof,  lying  and  being  on  7 rent  river,  in  Q-aven  county,  bounded  by    a   hue    beginning 

at  an  oak  on  the  head  of  Reedy  branch,  running  by  a  lin  !  of  marked  trees  to  the  head  oi  Hoofs  cre<  k  ;  then  clow  n  the. 

Meandrrs  of  ihe  laid   creek  to  1  rent  river  ;  then  up  Trent  river   to  tre   mouth    of  Reedy   branch;    then    up  Seedy 

branch   to   the   lirlt   llatio.i)    be   docked  and    barred  ?  and  thai  if  mall  and  may  be  law  Jul  for  the  (aid.  Harding  Jonet 

to  fell  and  convey  the  lame,  or  any  part  thereof,  in  lee-fimple,  in  order  to  enable  him  to  d  fcharge  the  arrea.s  oi  quit, 

rents  due  thereon,  and  to  improve  the  remaining  part  of  the  lame,  for  the  benefit  and  advantage  of  Ihoie    who  may 

hereafter,  in  remainder  or  revrrfion,  be  in.ercited  therein  ;  and  ail  deeds  by  him  hereafter  mide,  for  convey:,  g   the 

rame   Ihall  be  rood  and  effectual  in  law,  to  convey  the  lands  bv  .he  laid  Heeds  to  be  granted  ...  the  grantees,  their  heirs 

and  afllgns,  for  ever  ?  any  ihing  in  the  laid  will  of  the  laid  Frederick  Jums,  deceased,  grandfather  of  the  laid  petition, 

ers,  contained,  notwithstanding.  .   ,       . 

111.   Provided  mvertielefs,  That  nothing  herein  contained,  fhall  be  corfirue  d  to  deftroy  rr  t:  ke  away  the  right  ot 

hisMajefty,  bi    heirs  and  tucceftbrs,   nor  the  right  of  any  body,  politic  or  corporate,   nor  th.t  <  f  any  other   p<i  loner 

beriofis,    in  and  to  the  laid  feveral  tracls  of  land,  (except  that  of  .he  laid  Harding  Jon- s   and   Fua.nJ;  Jones,   their, 

rr  either '(  their  heirs,  and  the  right  of  thole  claiming,  or  to   claim,  under  them,  or  any.  or  either   of  them,:  in 

virtue  ol  the  in.ailment  in  the  faid  will  mentioned,)    but  the  right,  title  and  irtereft,  v  huh  his   IVlajefty,  his  heirs 

jfid  fucceffors,  or  anv  bodies,  politic  or  corporate,  or  any  other  p;  rfon  or  perfong  (except    the   faid    Harding   Jonex 

and  Fredti  ick  Jones,  their,    or  either  cf  their  heirs,    and  all  claiming  under   lhe.ni,  or   any,  or  either   pf   ucni,  by 


p 

vjtus  of  the  (aid  jnfafftiSnf,)   mav  have  in  and  to  ne  L\i  fevcral  traits  of  land,  is  hereby  faved,  lecnred  and  rciemd  j 
any  thing  in  this  act,  to  the  contrary,  uotwitnil  inding. 

IV.  Provided  alfo,  tha'  this  ait  Hull  not  take  effect,  or  be  in  force,  until  his  Majelty's  approbation  be  had  to  the  fame. 

XXXI  George  II.     The  28th  of  April,   1758. 

1- 

Ckap.  Vf.  An  acl  for  ejlablifhing  a  town  on  the  land  of  Jonathan  Phelps,  on  Perquimans  river. 
I.  ^TX/HEREaS  ic  is  has  been  reprelenteu  to  this  Afiembly  that  the  land  of  Jonathan  Phelps,  lying  on  the  fouth 
V  V  welt  lideof  Perquiman  i  river,  in  Perquimans  county,  where  the  court-houfe  and  ether  public  buildings  arc  e- 
lected,  is  a  healthy,  plealant  fuuation,well  watered  and  commodious  for  commerce  ;  and  the  L\\i\  Jonathan  Phelps  hav- 
ing iigoified  his  tree  content,  by  a  certificate  under  his  hand  and  leal,  to  have  one  hunded  acres  of  the  faid  land  laid 
off  tur  a  town,  and  fifty  acres  for  a  town  common,  which  will  greatly  promote  the  trade  and  navigation  of  the  faid   ri- 


ver 


II.  Beit  enaStd,by  the  Governor,  Council,  and  AJJembly,  and  iy  the  authority  of  the  fame,  that  the  directors  or  tru!*- 
tees  hereafter  appointed,  or  the  majority  of  them,  lhall,  fo  foon  as  may  be  alter  the  piling  of  this  aft,  cauie  the  faid 
one  hundred  acres  of  land  to  be  laid  off  in  lots  of  half  acres  each,  with  convenient  ftreets,  lanes,  and  alleys,  referving 
two  acres  of  the  laid  land  for  the  court-houfe,  and  other  pu'oiic  buildings  ;  which  lots,  fo  laid  off  according  to  the  di- 
redions  of  this  act,  is  hereby  conltitured,  erected,  and  ellablilhed  a  town,  and  lhall  be  called  by  the  name  of  Hertford. 

III.  And  be  it  further  enaS/ed,  by  the  authority  aforefaid,  that  from  anil  after  the  paffing  of  this  act,  John  Rituffctt,  Jo- 
feph  Sutton,  John  Harvey,  John  Clayton,  and  J'feph  White,  be,  and  they,  and  every  of  them,  are  hereby  conftituted  di. 

rectors  and  truitees,  for  defigning,  building,  and  carrying  on  the  faid  town  ;  and  they  fhail  ftand  ieized  of  an  ir.defta- 
fiole  eltate,  in  fee,  of  the  laid  one  hundred  and  fifty  acres  of  land,  to  and  for  the  ufes,  intents,  and  purpofes,  herein 
e.xpreffed  and  declared  ;  and  they,  or  any  three  of  them,  Ihsll  have  full  power  and  30111007  to  meet  as  often  as  they 
fhail  think  necelfary,  and  caule  a  plan  thereof  to  be  made,  and  therein  to  infert  a  mark  or  number  to  each  lot,  ard  as 
foon  as  the  faid  town  lhall  be  laid  off  as  aforefaid,  they,  and  each  of  them,  lhall  have  power  to  take  fubferiptions  for 
the  laid  lots  of  luch  psrfons  as  are  willing  to  fubferibe  for  r';em  ;  and  when  the  faid  directors  have  taken  lub 'criptions 
for  one  huidred  ]o:s,  or  upwards,  they  lhall  t  ppoinc  a  day,  and  give  public  notice  to  the  lnbfcribers  of  the  day  ap- 
pointed for  the  drawing  of  the  ("aid  lots,  which  lhall  be  done  by  ballot,  in  a  fair  and  open  manner,  by  the  direction, 
and  in  the  preience,  of  the  majority  of  the  laid  directors  at  leaft  ;  and  fuch  fubferiber  lhall  be  emitted  to  the  lot  and  lots 
which  lhall  happen  "o  be  drawn  for  him,  and  ccrrefpond  with  the  mark  or  number  contained  i  .  the  plan  of  the  faid 
town;  And  t;ie  fid  d  re.tors,  or  a  in  ijonty  of  them,  lhall  make  and  execute  deeds  for  gtaiitlng  arid  conveyirg  the 
laid  one  hundred  acres  of  laud,  in  halt  acres  as  aforelaid,  to  t!ie  fubferibers.  their  heirs  and  alfigns,  for  ever;  and 
alfo,  to  every  other  pcrlon  who  (hall  purchale  any  other  lot  or  lots  in  the  faid  town,  at  the  colt  aT  d  charges  of  the 
faid  grmtee,  10  whom  the  laid  lot  or  lots  llial]  be  conveyed  ;  and  every  per.'on  claiming  any  lot  or  lots,  by  virtue  of 
any  luch  conveyance,  lhall  and  may  hold  and  enjoy  the  fame  in  fee-ii  npie. 

IV.  Provide.!  neverthelefs,  That  every  grantee  of  any  lot  or  lots  in  the  faid  town,  fo  conveyed,  thill,  within  three 
years  next  after  the  date  of  the  conveyance  for  the  fame,  erevt,  build  and  finilli,  on  each  lot  10  conveyed,  one  well  fra- 
med, or  brick  houfe,  (ixteen  feet  lqiare,  at  the  leaft,  and  nine  feet  pitch  in  the  cle  ,;-,  or  proportionable  to  fuch  di- 
mentions,  \<  fuch  grantee  Hull  have  two  or  more  lots  contiguous  ;a  nd  if  the  owner  o!  any  lot  or  lets  fhail  tail  to  com. 
ply  with  the  directions  in  this  act  prefcribed  for  building  and  finilhing  a  houl'e  thereon,  then  luch  lot  or  lots,  upon, 
wnich  fuch  houfe  ihall  no:  be  built  and  finilhcd  as  aforefaid,  fhail  be  revelled  in  the  faid  directors ;  and  the  laid  direct- 
ors, or  a  majority  of  them,  may,  and  are  hereby  impowered  and  authoriled,  to  fell  luch  lot  or  lots,  for  the  belt  prico 
that  can  be  had,  to  any  perfon  applying  for  the  fame  ;  and  grant  and  cor.Vay  fuch  lot  or  lots  to  fuch  perfon  or  perfbns, 
under  the  like  regulations  and  retlrictions,  as  the  fame  was  or  were  formerly  granted  ;  and  the  money  ari'fifjg  from 
luch  tales,  be  applied  by  the  laid  directors,  or  a  majority  of  them,  for  the  benefit  and  improvement  of  the  faid  town. 

V.  A  id  be  it  further  sn.icl-.d,  by  the  authority  aforefaid,  that  each  r;fpective  fubferiber  who  lhall  fubferibe  for  any 
lot  or  lots  in  the  faid  town,  lhail,  within  one  month  after  it  lhall  be  afcertained  to  whom  each  of  the  faid  lots  dotn  be- 
long, jn  manner  herein  before  mentioned,  pay  and  futisfy  to  the  faid  directors,  or  to  one  of  them,  the  lum  of  forty  five 
fhilhugs  proclamation  money,  for  each  lot  bv  him  fubferibed  for  ;  and  in  cafe  of  the  refufal  or  neglect  of  any  fubferi- 
ber to  pay,the  faid  fu  n,  the  faid  directors  fhail  and  ma/  commence  and  profs  cute  a  foil  in  their  own  name  for  the  lame, 
and  therein  fhail  recover  judgment  with  colts  of  luit  ;  and  the  faid  directors  lhall,  as  foon  as  they  receive  the  faid  mo- 
ney, pay  and  fatisfyto  the  faid  Jonathan  Phelps,  his  heirs  or  ailigns,  the  fum  of  forty  (hillings,  proclamation  money,  for 
each  lot,  in  full  iatisfaction  for  the  faid  land,  and  the  other  five  ihillings  fliall  be  applied  towards  defraying  the  expencg 
of  laying  off,  and  improving  the  faid  town,  as  a  majority  of  the  directors  lhall  think  proper. 

VI.  And  for  continuing  the  fucceffion  of  the  directors  until  the  faid  town  fliall  he  iu;orporated  ;  be  it  further  enafl- 
ed,  by  the  authority  aforefaid,  in  cale  of  the  death,  refufal  to  act,  or  removal  out  of  the  county,  of  any  of  the  laid  direct, 
ors,  the  lurviving  dire£Ws,  or  the  majority  of  them,  fliall  tdfemble,  and  are  hereby  impowered,  from  time  to  time, 
by  lnltruruenc  xa  writing  under  their  respective  hands  and  reals,  to  nominate  lame  other  perfon,  being  a  freeholder  of 


34 

the  faid  town,  in  the  place  of  him  fo  dying',  refufitlg  to  aft,  or  removing  out  of  the  rcunty  ;  which  new  director,  f© 
nominated  and  appointed,  lhall  from  thenceforth  have  the  like  power  and  authority,  in  all  things  in  the  matters  here- 
)ii  contained,  as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  aft  :  and  when  the  laid  town  (hall  be  la,d 
oft",  the  faid  director? ,  or  a  majority  of  them,  arc  hereby  impowcred  to  remove  the  court-houfe,  and  other  pubhc 
buildings,  10  a  more  convenient  part  of  the  town,  which  may  or  ihail  be  laid  oft  for  that  purpole. 

VII.  Provided  mve-thelefs,  that  the  laid  Jonathan  Phelps  lhall  have,  to  his  own  ufe,  his  dwelling-houle,  and  other 
out-houles,  with  I'uch  lots  as  he  lhall  choole  adjoining  them,  not  exceeding  four  lots,  excluiiveoi  the  faid  one  hundred 
acres  :  and  the  court  of  the  laid  county,  or  their  lucceilors,  lhall  not  have  power  to  appoint  a  public  or  other  ferry  at 
the  laid  town,  in  prejudice  to  the  laid  jcru.ihi.n  1  hdpi  ;  but  that  the  keeping  cl  the  laid  lerry  lhall  remain  to  the  faid 
Jonathan  Phelps,  his  heirs  and  afligns,  until  he  or  they  lhall  rciule  to  comply  with  the  terms  by  law  piefcribed  for  e- 
recting  and  keeping  public  ferries. 

XXXII  George  IT.     The  23d  of  November,    1758. 

Chap.  XVI.  An  aft  for  eflabllfiing  a  train  on  the  lands  formerly  b  flinging  to  Zachariah  Nixon,  lying  on   the  ncrth  eafl 

fide  o-  Littlerifoar,  w»Pafquotank<ro»»(y. 
I.  TT7KEHEAS  it  hath  been  reprefented  to  the  Ailemb!y,t  bat  m  the  year  of  our  lord  on:  rhoufand  feven  hundred  and 
YV  forty  fix,  one  hundred  and  lixty  one  and  a  half  acres  of  land  was  purchaled  lor  a  town  and  commons,  fifty 
acres  ot  which  hath  beenlaid  out  in  halt  acre  lots,  with  convenient  ftreets  ;  that  there  are  now  upwards  of  twenty  ha- 
bitable houfes  erected  thereon,  and  upwards  of  leventy  inhabitants  j  and  that  the  fame  might  fp'OSi  be  improved,  if  it 
was  erected  into  a  town  by  lawful  authority  : 

II.  Be  it  therefore  enafted,  by  the  Governor,  Council,  and  AJfemhh ,  and  by  the  authority  of  the  fame,  that  the  faid 
one  hundred  and  tixty  one  and  an  half  acres  of  land,  be,  and  the  fame  is  hereby  conltttuted,  erected,  and  eltablifhed  a 
town,  and  loan  com  nons,  and  lhall  be  called  by  the  name  of  Nixon  town. 

III.  And  be  it  further  enafted,  by  the  authority  af  ore/aid,  that  from  and  after  palling  this  r.ft,  Jofeph  Robinfon ,  Thomas 
Nicholfn,  William  Lane,  Aaron  Morris,  and  Francis  Nixon,  be,  and  rhey,  and  every  of  them,  are  hereby  coniiituted 
director;,  and  truitees,  for  defignmg,  building,  and  carrying  on  the  faid  town  ;  and  they  mall  Hand  feized  of  an  indefea- 
liole  eltate,  in  fee,  in  the  faid  one  Hundred  and  tixty  one  and  a  half  acres  of  land,  to  and  for  the  ules,  intents,  and  pur- 
poses, heron  exprelfed  and  declared  ;  and  that  the  faid  directors,  or  an/  three  of  them,  lhall  hzve  lull  power  and  au- 
thority to  meet  as  often  as  they  (hall  think  necelTirv,  and  cau!e  an  exact  plan  ot  one  hundred  acres  of  faid  land  to  be 
made,  as  near  as  may  be,  agreeable  to  the  (treits  already  laid  out,  aid  to  infert  a  mark  or  number  of  each  lot  ;  which 
plan  lhall  be  kept  in  fome  convenient  place  in  the  laid  town,  for  the  view  of  iuch  perfons  who  have,  or  incline  to  have, 
a  lot  or  lots  in  the  fame. 

IV.  Provid.d  neverthelefs,  that  nothing  in  this  act  contained  lhall  be  cenftrued  or  extend  to  grant  power  to  the  faid 
directors,  or  their  lucceilors,  to  difpofe  of,  or  interfere  with,  the  titles  any  lot  or  lots  already  laved  in  the  laid 
town,  or  for  which  uny  perfou  or  perfons  have;,  it  the  time  of  palling  this  aft,  a  deed  of  lab  or  conveyance,  figned  and 
executed  according  to  law,  either  by  Zachariah  Sixon,  in  his  lifetime,  or  by  the  perfons  unpowered  by  his  Jalt  will  and 
teltament,  to  do  the  fame  :  but  fucn  deeds  and  conveyances  as  aforelaid,  provided  the  lot  or  lots  therein  mentioned 
has  or  have  been  faved,  or  be  hereafter  laved  within  three  years  a:ter  the  palling  this  aft,  in  the  fame  manner  ns  the 
lots  hereafter  to  be  granted  are  to  be  faved,  purluant  to  the  directions  of  this  aft,  are  hereby  conlirmed,  in  fee,  to  iuch 
perlbn  or  perfons,  a.idtohisor  their  heirs  and  alligus,  for  ever. 

V.  And  whereas  it  may  be  thac  lome  perfon  or  perfons,  owner  or  owners  of  one  or  more  faved  lots  in  the  faid 
town,  has,  or  have  neglected  10  have  the  faid  lot  or  lots  made  over  to  them  by  deed  or  conveyance,  by  either  the  laid 
Zachariah  Nixon,  in  his  lifetime,  or  by  the  perfons  appointed  by  his  lat  will  and  teltament  lo  to  do  fin<e  his  deceafe  : 
in  order  therefore  to  quiec  and  lecure  the  laid  perfon  or  perfons  in  tne  poflfeifion  of  his  or  their  lot  or  Jots,  it  is  hereby 
enafted,  by  the  authority  afo'refaid,  tint  the  laid  dii ;  dors,  or  the  m  ijority  Or  them,  fnall,  at  the  proper  colt  and  cha-ges 
of  the  perlon  or  perlons  having  one  or  more  laved  lots  n  jt  made  over  to  them,  make  and  execute  deeds  for  granting 
and  conveying  th^  lame  to  him  or  them,  hu  and  thf  ir  heirs  and  ailigns,  for  ever. 

VI.  And  be  it  further -enafted,  by  the  autha  '-',  thd\  the  laid  directors,  or  a  majority  of  them,  within  one 
month  after  the  layin<*  outof  the  faid  town,  and  making  the  pl..n  thereof,  lhall  appoint  a  time,  and  give  public  notice 
thereof,  and  fo  from  u  lie  to  time,  as  often  is  they  Hull  think  it  necellaryj  to  nuke  lale  of  any  lot  or  lo*s  therein  laving 
vacant  or  unimproved,  10  the  high  t  ft  bidder  :  and  the'ia'id  directors,  dr  amajoriWof  theni;  fhalrni.ike  at  d'eXet&te 
<jeeu\s  for  granting  j:i  !  co  IV  ryillg  the  fame  to  fu  :h  purchafer,  hi  s  heirs  and  alfigns,  for  evt  r.  at  the  ct  11  and  charge  of 
the  grantee  to  whom  he  fame  lhall  be  conveyed  ;  and  every  perfon  claiming  any  lot  or  tot<-  b>  virtue  of  any  lutli  con- 
veyance, (hall  and  n  av  hold  and  enjoy  the  lame  in    ce  limplc. 

VII.  Provided  neverthelefs,,  that  every  grantee  W  any  lot  or  lots  in  the  &M  town  fo  convened,  frail,  vtt'iin  three 
years  next after  the-  dare  or  the  purchafe,  erect,  build  and  (inifh  on  eacbfifrf  'o  conveyed,  me  good  habr'able  Ivile, 
*  i to  a  jridt  (>•  ftvne  chimney,  riven  y  fee  lorg,  ii!t;-e  i  f'cft  wid  ,  and  nine  feet  pn'ch'  in  ihe  clear,  or  pro  or:  oilafcljg 
ttlo>.!i  dimeufions,  if  iuch grantee  fliali  have  t,vo  or'iia'ore  lals  contiguous  ;  and  ii  the  ov. r.er  olsny  lutfhafJ  no:  co.nply 


13 

*ith  the  directions  byfhis  act  prefcr'be  d,  for  building  anJfini  thing  an  houfe  thereon  then  fucli  lot  /hall  be  re-veiled  in  the 
laid  directors ;  and  the  laid  directors,  or  the  majority  of  them,  may,  and  they  are  hereby  impowered  and  authoriied  to 
fell  fttth  lot,  in  the  lame  manner  as  it"  the  laid  lot  had  never  been  fold  or  granted  :  and  in  cafe  of  the  refulal  or  ':/«. 
gleet  of  any  pm  chalcr  to  pay  thefum  agreed  for,  the  laid  diredors  /hall  and  may  commence  and  profecute  a  fuit,  in 
iheir  o-'  n  names,  fjr  the  fame,  and  thereon  recover  judgment  viith  cofts. 

Vlil.  And  be  it  further  enacled,  that  all  monies  which  fliall  arife  by  the  fale  of  faid  lots,  fhall  be  paid  to  the  faid  di. 
rectors,  and  their  lucceflbrs,  and  by  them  applied  for  the  benefit  and  improvement  of  the  laid  town,  in  fuch  manner  as 
the  majority  of  the  laid  directors  /hall  think  proper. 

IX.  And  for  continuing  the  l'uccefiion  of  the  faid  directors  until  the  faid  town  fliall  be  incorporated,  be  \t  further  en* 
ailed,  by  the  authority  afvrefaid,  in  cafe  of  the  death,  refufal  to  act,  or  removal  out  of  the  county,  of  any  of  the  faid 
director,,  ihe  remaining  directors,  or  the  majority  of  them,  fliall  aflemble  at  faid  town,  and  are  hereby  impowered 
from  tune  to  time,  by  inltrtiaieiit  in  writing,  under  their  relpective  hands  and  feals,  to  nominate  i'ome  other  perfon 
(being  a  freeholder  of  the  (aid  town)  in  the  place  ot  him  fo  dying,  refuting  to  ad,  or  removal  out  of  the  county  - 
which  new  director,  lb,  nominated  ami  appointed,  (hall,  fro  n  thenceforth,  have  the  like  power  a  id  authority,  in  all 
things  in  the  matter  herein  contumed,  as  if  he  had  been  exprelsiy  named  and  appointed  in  and  by  tliis  act. 


Chap.  XX.  An  ad  to  relieve  John  Pope  from  a  judgmtnt  obtained again/}  him,  in  favour  oftheparifhes  o/Ed<rcomb  and 

it.  Mary.  ° 

*'  \/\7HEREaS  in  the  year  one  thoufand  feven  hundred  and  fifty  three  the  veftry  of  the  parilh  of  Edgcomb,  in  the 
V  V  county  ot  Edgcbmb,  did  lay  a  tax  of  two  (hillings  and  threepence,  proclamation  money,  upon  each  taxable  per- 
fon  in  the  laid  pariib,  lor  defraying  the  charges  of  the  lame,  and  appointed  John  Pope,  gentleman,  collector  thereof; 
but  it  iicet  ward,  appearing  tnat  the  laid  vellry  was  not  legal,  the  laid  John  Pope  could  not  levy  the  faid  lax,  or  other- 
wife  compel  payment  thereof  ;  notwithstanding  which,  judgment  hath  been  recovered  agamlt  the  laid  John  Pope  tor 
the  fame,  and  fte  hath  dtfiharged  great  part  thereof  :  and  tie  faid  parilh  of  Edgcamb,  fince  impbfing  the  laid  tax  hath 
been  divided,  and  a  part  thereof  erected  into  a  diflinct  parilh,  by  the  name  of  t.ie  parilh  of  St.  Mary  ;  and  cue  veltries 
ot  the  faid  panihes  are  in  doubt  whether  they  have  power  to  reieafe  the  laid  judgment  without  paying  thereof,  or  re- 
iiiud  the  laid  John  Pope  the  money  by  him  paid  in  part  thereof  :  ° 

II.  Be  it  therefore  enacled,  by  theGovei  nor,  Council,  ana  Af/hnbly,  and  by  the  authority  of  the  fame,  that  the  veftries 
of  the  laid  panihes  reipectively  may,  and  a,e  hereby  authoriied  and  impowered,  to  repay  the  laid  John  Pope  fuch  pro 
port  on  ot  the  laid  tax  as  they  respectively  have  leceiYed,  and  to  grant  a  reieafe  or  releales  to  him  for  luch  p.rt 
ot  the  raid  judgment  as  they  are  mtitied  to  receive,  01  lo  much  of  eacn  as  to  them,  in  their  dilcretion,  fliall  Item  rea. 
lonabk-  j  any  law  or  ufage,  to  the  contrary,  notwiihltanding.  • 


XXXIII  George  II.     The  8  th  of  May  1759. 


Chap.  II.  An  acl  toimpower  the  Juf/ices  of  DoNbs  county  to  hear  aid  determine  all  causes  commenced  and  undetermined  i* 

J  ohniton  county  court  bffor  e  the  dwifon  oj  tie  faid  county. 
I#  \A/HE"EAS  bY  one  actof  AHembly  made  and  palied  at  Edenton,\u  the  year  ot  our  lord  one  thouf.ind  feven  hun- 
V  V  dred  and  fitty  eight,  intituled,  an  acl  f,r  dividing  the  county  o/'Johnfton,  and  other  purpo/es*,  it  isenacted  that 
frcm  and  after  the  tenth  day  of  April,  then  next  following,  the  faid  county  ot John/Ion  be  divided  by  the  dividing'  line 
between  the  parilh  of  St.  Patrick  and  thepariih  of  St.  Stephen  ;  and  that  that  part  ot  the  1  tid  county  which  was  then  the 
parilh  of  St.  Stephen  mould  remain,  be  called,  and  known  by  the  name  of  John/Jon,  and  that  that  part  of  the  laid  conn- 
ty  which  was  the  parilh  of  S.'.  Patrick  be  thenceforth  eredted  into  a  diitinct  county",  and  called  and  known  by  the  name 
of  Dobbs  :  and  whereas  there  is  not  any  provifion  made  in  the  faid  act  for  the  trial  of  fuch  caufes  as  were  commenced 
in  John/Ion  cvtx  ity  (now  caiied  Dobbs  county )  court,  and  undetermined  on  the  faid  tenih  day  of  April  i 

II.  Be  it  enacled,  b\  the  Governo,  ,C  unci,,  and  rjembty,  and  by  the  authority  of  the  fame,  that  the  Juftices  of  Dobbt 
county  court,  Iliad  and  may,  and  tney  .ire  1  ereby  autl  oriied,  impou  ered,  and  directed,  to  hear,  tr  /,  and  determine 
all  causes  wh  eh  weie  pending  in  the  laid  county  court  tf  John  ft  on,  and  undetermined  on  the  faid  tenth  day  of  April' 
and  togive  judgment  and  ..ward  execution  thereupon,  in  the  fame  manner,  to  all  intents  at  d  purpofes,  as  the  Ju/lice* 
of  Jolmjlon  county  court  might  or  could  have  dene  it  the  laid  county  had  remained  undivided:  any  law,  ufaoe,  or  cui. 
torn,  to  the  contrary,  i.or  yit  ilfauding.  ° 

*N.  C.  L.  2,  1758,  12,  184. 


2,6 

XXXIK  George  II.     The  20th  of  November,  1759, 


Chap.  VII.  Annct  far  enlarging  the  time  allowed  for  fav'.ng  lots  in  the  tovjn  of  Halifax,  prevtr.t'ng  the  building  wooden 

chimnies  'Lercrn,  and  of  her  rurf>oJ'eu 
I.  T  T  7HEREAS  by  one  aft  of  Aflbrably,  palled  in  the  thirt/  nVtt  vear  ot  the  reign  of  his  prefent  Majefty,  intituled, 
VV  an  act  for  eflablifhinga  town  on  the  lana '  a/James' Leflie,  o»  Roanoke  river* ,  among  other  thmgsjit  is  provided, 
that  the  grantee  of  every  lot  in  the  laid  town  (hall,  within  three  years  after  obtaining  a  conveyance  lor  'lie  lame,  eiedt 
and  finilb  thereon  a  houie  of  the  dimenfions  therein  fpecified  ;  a:id  on  failure  thereof,  every  iot  wherein  (uch  noufe, 
fhall  not  be  fo  erefted,  fliall  be  re-velted  in  the  direftors  of  the  (aid  town  by  the  laid  aft  appointed  :  and  whereas  the 
fuwllpox  hath  raged  in  the  laid  town  for  many  months  pair,  whereby  many  perfons  have  been  prevented  from  laving 
their  lots,  agreeable  to  the  direction  of  the  laid  act  : 

II.  Be  it  therefore  enacted,  by  the  Governor,  Council,  and  Affernhh,  and bv  the  authority  of 'the  fume,  that  every  lot  in 
the  faid  town  on  which  a  houle  fhall  be  erected  and  buiit  of  the  di  neniions  mentioned  in  the  laid  aft  within  the  ipace 
of  hve  years  next  after  the  palling  of  this  act,,  and  alio  every  lot  therein  which  ihal!  hereafter  be  fold  or  conveyed  on 
wlrch  luch  houle  fhall  be  erefted  within  the  Ipace  or  five  years  after  the  date  of  the  conveyance  made  for  the  fame, 
(hall  be,  and  is  hereby  declared  to  be  vetted  in  the  grantee  thereof,  in  fee-fimple  j  any  thing  in  the  laid  recited  act,  to 
the  contrary,   notwithstanding. 

11/.  And  whereas  fuffering  wooden  chimnies  to  be  built  in  the  faid  town,  may  occafion  accidents  by  fire  ;  be  it 
further  enacted,  by  the  authority  aforefaid,  that  no  perfon  whatloever  fhall  hereafter  erect  any  wooden  chimney  in  the 
faid  town  ;  and  every  perion  who  hath  already  built  any  fuch  wooden  chimney  therein,  ihall  pull  down  or  remove  the 
iame  within  the  term  of  five  years  next  after  the  palling  of  this  act :  and  if  any  perfon  or  perions  fhail  prefume  to  aft 
contrary  hereto,  in  erecting  any  wooden  chimney  in  &e  faid  town,  or  in  failing  to  pull  down  or  remove,  within  tho 
time  afore-mentioned,  any  luch  wooden  chimney  by  him  already  erected  herein,  the  directors  herein  alter  mentioned, 
or  any  two  of  them,  are  hereby  authonled,  impowered,  and  required  to,  pu  1  down  and  deftroy  every  fuch  chimney,  and 
fhall  not  be  liable  to  an  action  or  damage  for  lb  doing  ;  and  it  ihe  iaid  directors,  or  any  of  them,  ihall  be  1'ued  for  the 
fame,  they  may  plead  the  general  iifue,  and  give  this  act  in  evidence. 

IV.  And  whereas  John  Gibfon,  gentleman,  one  of  the  directors  of  the  faid  to\vn;  by  removing  to  the  colony  of  Virgi- 
ma,  hath  vacated  his  laid  office  ;  be 'itihere fore  enacted,  by  the  authority  af.rejaul,  that  from  and  alter  the  palling  of 
this  aft,  Thomas  Barker,  Alexander  IWCulhh,  Robert  yp«w,  jun.  Richard  Broivirig,  Stephen  Dew-v,  'Ihomas  NPftmght^ 
and  Daniel  WelJon,  gentlemen,  be,  and  are  hereby appointed  directors  and  tiuitees  of  the  faid  town;  and  fhdl  and 
may  ul'e  and  exercile  the  fame  powers  and  atitnorities  as  the  directors  thereof  appointed  by  the  aforefaid  aft  could  or 
might  have  exercifed,  ufed,  and  enjoyed  by  virtue  of  the  lame  :  and  in  cafe  of  the  dear.il,  refufal  to  aft,  or  removal  out 
of  the  country,  of  any  of  the  faid  directors,  the  fin  viviug  or  other  directors  Ihall  and  are  hereby  required  and  impow- 
ered, to  chufe  anothor  director,  agreable  to  the  directions  of  the  faid  aft,  in  the  foam  of  him  fo  dying,  refuting  to  aft, 

.    or  removing  out  of  the  country. 

V.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  the  faid  directors,  or  any  three  of  them,  fhall  and 
may,  and  are  hereby  authorifed  and  impowered,  to  make  and  execute  deeds  for  grunting  and  conveying  to  every  per- 
fon and  perions  who  already  have  purchased,  or  hereafter  Ihall  purchafe  any  lot  or  lots  in  the  faid  town;  and 
every  perfon  claiming  any  fuch  lot  or  lots  by  virtue  of  any  fuch  conveyance,  Ihall,  and  is  hereby  declared  to  have  an 
indefeafible  eftate,'  in  fee-limple,  in  the  lame.   "p.  30. 


Chap.  XIII.  An  acl  for  ejlablifhing  a  town  on  the  land formerh  granted  to    William  Churton,  gentleman,    lying  on   the 

north  fide  of  the  river  Enoe,  in  the  county  vf  Orange. 
I.  TT7HEREAS  it  hath  been  reprel'ented  to  the  AlTembly  by  petition,  that  in  the  year  of  our  lord  one  thoufand  fe- 
VV  leven  hnndred  and  fifty  four,  four  hundred  acres  of  land  was  granted  to  WiliiamChurtWy  which  was  after- 
wards laid  off"  by  h  m  into  a  town  and  common  ;  and  that  part  of  the  faid  four  hundred  acres  hath  been  likewife  laid 
out  into  lots  of  one  acre  each,  on  fome  of  which  good  habitable  houfes  have  been  erefted  ;  and  that  by  realbn  of  the 
healthinefs  of  the  faid  pi  ice,  and  convenient  fiiuation  thereof,  for  an  inland  trade,  the  fame  might  loon  become  conli- 
derible  if  it  was  erefted  into  a  town  by  lawful  authority,  to  which  the  faid  Wlliam  Churto'!,  who  is  now  fieized,  in  fee,  . 
of  the  greatefc  part  of  the  faid  four  hundred  acres,  and  thofe  who  claim  by  conveyance  under  him,  having  contented  : 

II.  Be  it  therefore  enaded,  bv  the  Governor,  Coum  il,  and Affembly ,  and  by  the  authority  of  the  fame,  that  the  laid  four 
hundred  acres  of  land  be,  and  the  fame  is  hereby  conftituted,  erefted,  and  eftablifhed  a  town,  and  town  common,  and 
fhall  be  called  by  the  name  of  Childjhurg. 

III.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  from  and  after  the  pafTing  of  this  aft,  James  Wat/on, 
William  Churton,  William  Reed,  Efqrs.  William  Nunn,  and  Daniel  Cane,  gentlemen,  and  every  of  them,  be,  and  they, 
and  every  of  them,  are  hereby  conltituted  directors  and  truflees,  for  defigning,  building  and  carrying  on  the  faid 
town  ;  and  they  Ihall  ftand  fcized  of  an  indefeafible  eltate,  in  fee,  in  the  laid  four  hundred  acres  of  land,  to  and  for  the 
ufes,  intents,  and  purpofes,  herein  after  exprefl'ed  and  declared  ;  that  is  to  fay,  that  the  faid  direftors,  or  any  three 
of  them,  Ihall  have  full  power  and  authority  to  meet,  as  often  as  they  fhall  think  neceffury,  and  caui'e  an  exact  plan  of 


37 

TWo  hundred  acres  c?  ths  fa  id  land  to  be  mvle,  as  reap  as  m:<y  be  agreeable  to  die  Greets  and  lots  already  laid  out, 
and  the  reliJue  thereof  ill  ill  be  and  remain  for  a  co  union  thereto  ;  and  that  the  laid  directors  (hall  in  Cert  a  mark  or 
nu:nber  on  each  lot  ;  which  laid  pi  in  ihall  be  kept  in  lome  convenient  place  in  the  faid  town,  for  the  view  of  fuch 
perfuus  who  have,  or  incline  to  have  a  lot  or  lots  in  the  fame. 

I/.  4ni  be  ii !  further  ena£fed,by  the  authority  .aforefaid,  that  when  the  laid  .own  fhall  be  laid  our,  it  (hall  and  may 
be  lawful  for  the  faid  IVillian  ChurHn  to  referve  to  himfelf,  and  have  and  keep  to  his  o*n  proper  ufe,  four  acres  of 
the  laid  tovvn,  lying  on  thefouth-eafl  corner  thereof  upon  the  river  ;  three  acres  ot  which  four  acres,  have  formerly 
been  laid  out  into  lots,  and,  are  now  in  the  plan  of  the  faid  town,  known  and  dilfinguiihe  J  by  the  letteis  FG  and  H, 
and  one  other  acre  betwixt  thole  lots  and  ti  e  river,  and  bounded  by  the  lots  number  5,  and  the  letters  FCH  and  the 
river;  0:1  which  laid  lots  the  laid  William  Churton  Ihall  Hand  feized  of  an  indefealible  cflate  of  inheritance,  in  fee- 
limple,  in  the  fame  manner  as  if  the  faid  lors  had  been  by  him  laved  in  manner  as  hereafter  direfted  by  this  aft,  in  con- 
fideration  of  the  many  fervices  ne  hath  performed  for  the  inhabitants  ot  the  faid  tosvn,  and  of  his  labour,  expence, 
and  pains,  in  laying  out  the  faid  town. 

V.  Provided  neverihelefs,  that  nothing  in  this  aft  contained  fliall  be  conftrued  or  extend  to  grant  power  to  the  faid 
direftars,  or  their  iu.ceil j.s,  to  dilpofe  of,  or  interfere  With  the  title  or  titles  of  any  lot  or  lots  already  laved  in  the 
laid  town,  or  for  which  any  p  rion  or  perl'ons  have  at  the  time  of  palling  this  aft,  a  deed  cf  I  ale,  or  conveyance,  figned 
and  executed  agrsalile  to  law,  by  the  faid  William  Churton  ;  but  fuch  deeds  and  conveyances  as  aforefaid,  if  the  lot  or 
lots  therein  mentioned  ii  <  j  or  n.we  been  laved  in  m  inner  as  fpecified  in  the  faid  deed  or  deeds  from  the  faid  William 
Churton,  or  Ihall  oe  hereafter  laved  within  c.vo  years  after  the  palling  of  this  aft,  in  the  lame  manner  as  the  lots  here- 
after to  be  granted  are  to  be  laved  purfuarit  to  the  direftions  of  this  aft,  are  hereby  de  clarcd  to  be  gcod  and  valid  ia 
law,  and  the  grantee  or  grantees  Ihall  have  an  J  enjoy  an  eltate,  in  fee-iimple,  therein.     §  VI,  •ix  VII,  Repealed. 

VII  I.  A'id  tfsit  further enai1ed\  by  this  authority  aforefaid,  that  farms  lVtnfmt  Efq  ,  one  ot  the  directors  aforefaid, 
(hall  be  appoints!  pre  e»u  u-_'  ifarer,-a  id  receiver  of  all  monies  anting  by  virtue  of  this  aft  ;  and  on  his  death,  remo- 
val  out  of  the  la  d  tow  1,  or  refufd  to  aft,  then  the  fail  directors,  or  the  majority  of  them,  Ihall  chufe  one  other  of  the 
laid  dirsiforsco  luz'ceed  u  n  ;  and  ever/  treifurer  Ih  ill  firft  give  lufiicient  fecurity  to  the  Juitices  of  the  county  court 
of  Or.tnje  for  th'j  jtilt  perfo  •  na  ice  of  the  faid  trull. 

IX-  Aid  l>e  it  further  e  1 1  -?/./,  by  the  aufboi  ity  aforefaid,  that  the  faid  directors,  or  a  majority  of  them,  fliall  hereby 
have  full  power  atld  authority  to  tall  anv  perfon  or  per  ons  to  account  for  any  fumor  funis  of  money  by  them  received, 
either  by  the  fale  of  any  lots  formerly  granted,  or  hereafter  to  be  granted,  or  from  the  ground-rent  chargeable  oa 
each  lot,  ill  'i  receive  c.ie  I  1  112,  and  give  proper  and  hill  difchirges  thereupon. 

X.  A.i  I  i'e  it  further  enxSl  i  by  the  authority  aforefiid,  that  all  the  monies  ariling  by  the  fale  or  taking  up  of  the  faid 
lo:s,  af.er  the  direct  >rs  realouable  charges  an  I  expences  tor  their  leveral  fervices  are  deduch-d,  Ihall  be  appropria- 
te !,  la  J  out  an  J  appli;  d  to  fuch  other  ufe  or  ufes  a;  the  laid  directors,  or  a  majority  of  them,  ihall  think  convenient, 
for  encoura  renenf  of  the  laid  town. 

XI.  And  for  cdmiii'ifo'g  tiie  facceffion  of  the  faid  direftors  until  the  faid  town  Ihall  be  incorporated  ;  be  it  enacled, 
by  the  authority  aforefaid,  111  cafe  of  the  death,  refusal  to  aft,  or  removal  out  of  the  town,  of  any  of  the  laid  direftors, 
the  remaining  direftors,  or  the  majority  of  them,  fhall  allstnbie  at  the  laid  town,  and  are  hereby  impowered,  by  inltru- 
men:  in  writing  under  their  refpeftive  hands  and  feals,  to  nominate  fome  other  perfon,  being  a  freeholder  cf  the  laid 
torn  and  reiitino  therein,  in  1  he  pi  ice  of  him  fo  dying,  refuling  to  act,  or  removal  out  oi  tne  town  ;  which  new  di.^ 
redlor  lo  nominated  mJ  appointed,  (hall  trom  thenceforth,  have  ihe  like  pouei  and  authority  in  all  things  in  the  mat. 
ters  herein  contained,  as  it  he  Had  been  expreisly  named  and  appointed  in  and  by  this  aft. 

XXXiV  George  II.     The  30th  of  November,  1760. 


Chap.  IX.  An  act  fr  eftablifhbig  a  town  en  the  lend  of  Jofeph  Howell,  on  Tar  river. 
I.  ^T7[IEREAS  it  hull  been  reprelen:ed  to  this  Afleinbly,  that  the  land  of  Jojeph  Howell,  lying  en  ihefouth  fide  of 
V  V  l'ar  river"  in  Edqcomb  county,  is  a  healthy  plealimt  liiuarion,  well  watered  and  commodious  for  tradeand 
commerce  •  and  James  Mair,  L.r.vrence  Toot,  4guilaSHfgg,  El  iffta  Battle,  and  Benjamin  Hart,  have  contracted  v.ith  the 
faid  Jofeph  ho  cell,  Jor  the  purchale  of  one  hundred  and  fifty  acies  ot  the  laid  land,  and  have  accepted  and  taken  a  deed 
of  !-  m  n-enx  for  the  aforefaid  one  hundred  an  I  ftf  y  acre?  fro  n  the  faid  Jofeph  Howell,  and  cauled  the  fame  to  be  laid 
off  in  lots  and  itreers,  and  alio  a  part  thereof  tor  a  amnion  for  the  life  of  the  faid  town,  and  have  fold  a  great  number 
of  ih^  laid  lots  of  half  an  acre  each  to  fundi- ,•  perlqnb,  who  are  deurous  that  a  town  Ihall  be  eftablifhed  thereon,  tor  pro- 
mori.ng  ttie  trade  and  navigation  of  the  fa.d  river  .- 

II.  Be it therefore. enaited,  by  the  Governor^Cbtincil,  and  Afjembly,  and  by  the  authority  of the 'fame,  that  the  faid  one 
hundred  and  fifty  acres  of*  1  md  fo  la'd  off  by  th-  trmtees  01  commiilioners  as  aforefaid,  be,  and  the  fame  is  hereby  con- 
ttitut  :d,  erected,  and  eftablifhed  a  t own,  and  (lull  be  called  by  the  name  oiTarBorough. 

III.  Andbe  it  fwther  em  €t  .!,  bv  tht  etuibority  a  I  or faid,  that  James  Aloir,  Lawrence  Tool,  Aquila  Sugg,  Elifra  Battle, 
and  Benjamin  Hart,  be,  and  they,  and  every  of  thtm,  are   hereby   conftituied  directors  and  truftees,  fcr  defignirg, 


t u il  linrr,  and  carrying  on  the  faid  town  ;  and  they  fhall  ftand  feized  of  in  mdefeaCfhle  cftate,  in  fee,  in  the  faid  one 
fcundred  and  fifty  acres  of  land,  10  and  for  the  tiles,  intents,  and  purpofes,  her'eb)  ex  relied  and  declared  ■  and  they, 
or  the  majority  o!  them,  thill  have  full  power  and  authority  to  meet  as  often  as  they  lhall  think  nectffary,  and  to  ap- 
point  a  public  quay,  and  inch  place  013  the  laid  river  for  a  public  landing  as  to  them  (hall  fee  m  convenient;  and  caule 
the  plan  of  the  laid  town  as  laid  eft' by  the  laid  James  Moir,  Laurence  Tool,  Aquila  Sugg,  Eli/ba  Battle,  and  Benjamin 
Hart   to  be  recorded,  and  filed  an  ng  the  records  of  the  ourt  of  the  county  of  Edjcomb. 

I V.  And  *  hereas  fubferiptions  luve  already  been  made  for  one  huudi  ed  and  iv,  enty  one  lots  already  laid  off  in  the 
fa:d  to.vn,  and  the  lame  drawn  for  by  the  feveral  fubferibers  or  their  agents  ;  be  it  therefore  tr.acltd,  by  the  authority 
at ore/aid,  that  the  laid  directors,  or  the  majority  ot  them,  (hall  make  and  execute  deeds  for  granting  and  conveying 
the  laid  one  hundred  and  rwenty-one  lots  to  the  fubferibers  their  heirs  and  alligns  for  ever  ;  and  alio  to  every  other 
perfon  who  fhall  purchale  any  other  lot  vr  lots  in  the  laid  town,  at  the  cpfts  and  charges  of  the  grantee  to  whom  the 
lame  (hall  be  conveyed  :  and  every  peifim  claiming  any  lot  or  lots  by  virtue  of  any  luch  conveyance,  lhall  and  may 
hold  che  fame  in  fee  fimple.  

V.  Provided  mverthelefs,  that  every  grantee  of  any  lot  or  lots  in  the  laid  town  lo  conveyed,  or  hereafter  to  be  convey. 


the  owner "o'iTa'ny  let  lhall  fail  to  purfue  and  comply  with  the  directions'  in  this  act  pi-eicribed  for  building  and  flniOiing 
a  houfe  thereon,  then  ffceb.  lot  upon  which  fuch  houle  lhall  not  be  built  and  finifhed,  lhall  be  revetted  in  the  laid  direct 
ors  ;  and  they,  o'r  the  majority  of  them,  may,  and  are  hereby  impowered  and  ajjlhorifi  d,  to  fell  fuch  lot  for  the  beft 
price  that  can  'be  had,  to  any  perfon  applying  for  the  fame,  in  fuch  manner,  and  under  fuch'  reitriaions,  as  they  could 
or  might  have  done'if  fuch  lot  had  not  befcre  been  fold  or  granted  :  and  the  money  ar'.ling  by  Inch  fale  to  be  applied 
as  the  directors,  or  the  majority  of  them,  fhall  think  proper,  lor  the  tile  o.  the  town. 

VI.  And  for  continuing  the  fuccefljpn  of  the  faid  directors  until  the  faid  town  be  incorporated,  be  it  further  enacled, 
by  the  authority*  afore/aid.  "that  in  cafe  of  the  death,  refuial  to  ad,  or  removal  our  of  the  county,  of  any  of  the  laid.di. 
reftors  the  furvivirm  or  other  directors,  or  the  majority  of  them,  lhall  alTemble,  and  are  hereby  impowered  from  time  to 
time  by  inftrument  of  writing  under  their  relpeftive  hands  and  feals,  to  nominate  feme  other  prrlon,  being  aniuhabitart 
or  freeholder  in  the  laid  town,  in  ihe  place  ot  him  fo  dying,  refilling  to  ad,  or  removing  out  of  the  country,  which  new 
direftcr  i'o  nominated  and  appointed,  (hall,  from  thenceforth,  have  the  hkc-  power  and  authority  in  all  things  in  the 
matters  herein  contained,  as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  act, 


Ch.af.  X.   An  atlto  amendanacl,  intituled,  an  aft  forthe  better  regulation  of  the  town  cf  Neivbern,  and   for  fecuring 

the  titlesof  perfons  w  ho  hold  lots  in  the  laid  town,  pajfedthe  30//;  day  of  September ,oti:  thoujundfeven  hundred  6  fifty- fix. 
I.  \~K  /HE11EAS  by  the  before  recited  aft*  the  freeholders  ot  the  laid  town  have  liberty  anuually,  on  thelecond  Tucf. 
VV  dav  in  November,  'o  meet  at  the  court-home,  then  and  there  to  elect  and  choofe  five  freeholders  of  the  laid 
town  to  be  commilfioners  lor  the  lame,  hut  no  directions  tj  the  Iheiitf,  ><  ly  other  perfon,  to  open  the  poll,  or  re- 
ceive the  votes  for  electing  fuch  commilfioners  ;  and  the  fame  hafch  been  neglected  or  refufed  by  the  Iheriff,  on  the 
day  appointed  as  aloreiaid  for  electing  commifiioners  for  the  cnluing  year,  whereby  the  town  is  at  prefent  without 
commilfioners,  to  the  great  detriment  thereof  :   wherefore, 

II.  Be  it  enacled,  by  the  Governor,  Council,  and  AJfmbty,  and  by  the  authority  of  the  fame,  that  i'e  flier  iff  of  Craven, 
county,  or  his  deputy,  lhall,  on  the  lecond  Tuefdc.y  iti  January  next,  be'oie  the  hour  ot  ten  o'clock  in  the  morning,  open 
the  poll,  and  receive  the  votes  ot  tb.e  freeholders  for  electing  faid  co  iimifljoners,  as  directed  in  the  before-mentioned 
aft,  and  continue  the  fame  open  till  fun  let,  then  (hall  proclaim  the  perfotjs  to  be  comnjiflianers  who  fhall  have  the  molt 
luffrages  ;  and  in  like  manner  lhall,  on  the  Jfcond  7  u  flay  in  JVW?i  for  annually,  open  the  poll,  rete,ve  the  \otes,  and 
proclaim  the  commilfioners  as  before  directed,  under  tue  penalty  of  fifty  pounds,  proclamation  money,  for  every  negleft 
or  refufal  of  complying  with  the  directions  of  this  aft  ;  to  be  rt  covered  from  the  laid  Ihenft'by  aftion  of  debt,  bill, 
plaint,  or  information,  in  any  court  of  record,  wherein  no  effoin,  ii  junction,  or  wager  of  law,  fhall  be  allowed  or  ad- 
mitted,  by  any  perfon  or  perfuns  who  lhall  Cue  for  the  lame  within  one  year  after  fuch  negleft  orrefufa!  ;  one  half  to 
the  piofecuter,  the  other  half  to  he  paid  to  the  cpmmimoners  for  tue  u'e  of  the  laid  town  to  be  applied  towards  fen- 
cing in  the  lame  :  which  commiilioners  fo  choien  or  elected,  lhall  have  all  the  po.vers  and  authorities  mentioned  in  the 
faid' recited  aft,  or  any  other  aft  now  in  force,  relating  to  the  faid  town  ot  Ne-vbcrn.   *j>.  2Q. 

I  George  IH.     The  20th  of  March,  1761. 


Chap.  VIII.  An  ail  for  building  a  court  houfe  in  the  town  of  Mewbern,  in  the  county  of  Craven,  for  raifwg  a  tax,    and 

for  appointing  eornmiffionerj 'for  budding  the  fume,  and  for  repevlh-g  an  acl  ec 
I.  \7r7rIEREAS  the  laid  county  is  at  j  refen,  and  hath  been   or  lome  years  p.ilt  without  a  court-home  to  hold  their 
courts  iu;    and  the  cominiflior.eri  mentioned  it)  the  above  recited  aft,  having  neglected  building  and  finilh- 


39 

ing  the  court  rioufe  there  n  mentioned,  to  the  great  detriment  and  inconvenience  of  the  inhabitants  trtrreof  : 

II.  Be  it  therefore  en  ailed,  end  it  is  hereby  er.acled,  by  the  Governor,  Council,  and  sjlmbly,  and  by  the  authority  of 
the  fame,  that  a  court- houie  for  the  laid  county,  r.ot  exceeding  fixty  feet  long,  and  torty  feet  wide  in  the  clear,  be 
buiit  on  the  public  lots  in  the  town  of  Neivbtrn,  nearly  oppclite  Mr.  hire's  red  houfe,  or  in  the  interjection  of  Erocd- 

Jlreet,   where  a  court- houfe  is  already  begun,  whichlbever  of  the  faid  places  they,  the  commiliicners  herein   after  ap- 
pointed fqr  carrying  on  the  laid  budding,  or  the  majority  of  them,  fhall  judge  molt  convenient. 

III.  A  id  be  it  further  enadled,  by  the  authority  af  or  ef aid,  that  a  poll  tax  of  two  (hilling?,  proclamation  mjney,  be, 
and  is  hereby  laid  on  eacn  taxable  perfou  within  the  faid  county  of  Craven,  yearly,  for  three  years,  from  and  after 
the  palling  of  this  act  ;  to  be  levied  and  collected  by  the  fberift'of  the  faid  county,  in  like  manner,  and  at  the  fame 
time,  as  pnb'ic  taxes  are  collected  ;  which  lhall  by  him  be  accounted  for,  and  paid  into  the  hands  of  the  honourable 
R/chaid Speight.  Efq  ;  JfephLeech,  and  John  Fonville,  Efqrs.  commiflioners,  hereby  appointed  for  building  and  fi- 
niih.ng  ilie  laid  couri-houie,  or  to  the  majority  of  them,  or  their  orders,  who  are  to  build  the  fame  at  their  dilcreti- 
t)u  ;  the  tint  collection  of  the  faid  tax  to  be  made,  accounted  for,  and  paid  by  the  faitl  fheriff  unto  the  faid  commiffi- 
oners,  ox  their  orders,  on.  or  before  the  tenth  day  of  April,  1762,  and  fo,  annually,  till  the  faid  three  years  are  ex- 
pired. 

IV.  And  for  the  better  enabling  the  faid  commiiTioners  to  carry  en  and  finifli  the  faid  court  houfe  as  foon  as  may  be, 
It  it  hereby  enaSei,  by  the  authority <  aforefaid,  that  they  the  faid  commiiTioners,  or  the  majority  of  them,  fliall  be,  and 
they  are  hereby  inveited  with  full  power  and  authority,  to  lell  and  difpofe  of  the  lot  belonging  to  the  faid  county, 
v.  hereon  the  old  court- houie  and  prifon  formerly  flood,  at  public  vendue,  at  any  time  hereafter,  on  giving  public  no- 
tice thereof,  at  leaft  twenty  days  before  the  falc  ;  and  after  fuch  file  to  convey  and  make  over  the  fame  in  tee-fimple, 
to  the  perlon  or  paribus  lo  buying  and  paying  for  the  fame,  and  to  their  heirs,  executors,  administrators,  and  affigns, 
byfucb.inltrum.eiu  or  inurumems  in  writing  as  fhall  be  fufficient  and  available  in  law.  The  reft  Obfokte. 

Chap.  XV.  An  ad  to  dock  the  entail  of  certain  lards  therein  mentioned,  veftlng  the  fee-  fimple  thereof in  Blake  Baker, 
and  for  fettling  other  lands  in  lieu  thereof  to  the  fame  ufes. 
I.  VT  7HEREAS  Colonel  Barr.aby  M'Kinney,  late  of  this  province,  deceafed,  being  in  his  lifetime,  feized  in  his  de- 
VV  meine,  as  of  fee,  of,  and  into,  certain  traits  of  land,  lying  and  being  in  Halifax  county  (formerly  Edgcomb) 
and  being  fo  feized,  the  (aid  Barnaby  M'Kinney  did,  by  his  lalt  will  and  teftair.enr,  in  writing,  bearing  date  the  thir- 
teenth day  of  Aigutt,  in  the  year  of  our  lord  one  thonland  feven  hundred  and  thirty-feven,  devife  to  his  ion  R'chard 
M'Kinney,  in  fee  tail  (together  with  other  lands)  that  trad  of  land  whereon  the  laid  Barnaby  M'Kinney  then  lived  ; 
bounded  as  followeth  :  beginning  at  the  upper  end  of  the  cyprefs  gut  on  Mcra'tock  river,  at  a  plate  called  the  old 
mill  dam  ;  thence  by  the  windings  of  the  laid  gut  to  the  great  ditch  ;  thence  along  the  faid  ditch  to  the  corner  there- 
of at  the  road  ;  and  thence  by  the  courles  of  the  cyprefs  gut  to  where  William  Brown's  head  1  ne  erodes  the  fame  ;  then 
by  J}rov)n%  head  line  to  his  corner  near  the  head  of  the  Merry  branch  ;  then  by  Brown's  lower  line  to  a  maple  on  Mo. 
ratfock  river  :  as  alio,  t  >.  o  hundred  acres  or  land,  purchiled  of  colonel  Will\am  Maule,  adjoining  William  Brown's  lower 
line  ;  and  all  the  r  mainder  of  the  laid  Barnaby  M' Kinney's  lands  on  the  fouth  fide  of  Morattock  river,  not  before  de« 
vifed  ;  and  if  his  laid  fon  Richard  ihould  die,  without  heir,  or  lawful  iiTue,  then  the  plantation  w  hereon  the  fa.d  Bar. 
naby  M'Kinney  then  liysd,  with  three  hundred  acres  of  land  adjoining,  fliould  delcend  to  his  fon  J'.hn  M'Kinney,  in 
fee-tail  ;  and  ill  other  the  lands  before  deviled  to  the  faid  Richard  M'Kinney,  Ihould  go  to  tne  two  daughters  of  the 
faid  Barnaby  M'Kmney,  to  ivit  ;  Patience  Lane,  and  Mourning  Pope,  and  the  heirs  of  their  two  bodies,  lawfully  begotten, 
ai.d  to  their  heirs  for  ever,  equ:l!y  to  be  divided  between  them,  and  foon  after  died  ;  and  the  fjid  Richard  M'Kinney  t 
after  the  death  of  the  faid  tefiator,  in  confequence  of  the  laid  devile,  became  feized  and  poflefled  of  the  lands  afore-, 
faid,  and  fo  died  feized  thereof  without  lawful  ifl'ue  ;  by  means  whereof,  John  Lane,  and  Henry  Pope,  the  lawful  heirs 
of  Patience  Lane,  and  Mourning  Pope,  became  leized  as  heirs  at  law  to  the  faid  Patience  and  Mourning  of  the  lands  in 
the  afore  faid.  devife  mentioned  ;  except  the  plantation,  and  three  hundred  acres  of  land  limited  as  aforefaid  to  the 
laid  John  M'Kinney.  And  the  i'aidjahn  Lane,  ueir  at  law  to  the  laid  Patience  Lane,  who,  by  the  will  of  the  faid  telta- 
tor,  in  default  of  lawful  ifiue  of  the  laid  Richard  M'Kinney,  was  imitled  to  one  halt  of  the  faid  lands  (o  limited  to  the 
faid  Patience  and  Mourning,  entered,  and  was  feized,  3nd  poffelled  thereof  ;  and  apprehending  he  had  a  fee-fimple  ef- 
tate  therein,  agreed  to  fell  t  lehnne  to  col.  Joj'eph  Lane,  for  the  confederation  of  four  hundred  pounds,  and  executed  a 
leai'e  and  releale  to  the  laid  col.  Jj'eph  Lane,  tor  his  part  or  fhare  of  the  lands  fo  limited  to  the  laid  Patience  and  Mour. 
tiing  ;  and  the  laid  Jofiph  Lane  apni  eliencfny;  that  he  had  (after  the  conveyance  by  the  laid  John  Lane  exe  :uted)  art 
ablolute  eltate,  in  fee-limple,  to  the  faid  lands  fu  conveyed  by  the  faid  John  Lane,  agreed  to  fell  the  fame  to  Blake  Ba. 
her,  for  the  conlideratiun  t>{  live  hundred  pounds,  and  executed  deeds  of  conveyance  for  the  fame  to  the  faid  Blake  Bam 
ke-.  Pnd  alio  whereas  the  laid  "Join  Lanais  leized,  in  fee  fimple,  of,  and  into,  one  certain  tract  or  parcel  of  land, 
containing,  by  eilimation,  lis  hundred  and  eighty  three  acres,  lying  and  being  in  the  parifh  of  Edgecomb,  in  the  county 
oi'.Halifax,  lately  purchaled  by  him  of  J-tlcvh  Lane  by  deed  of  feoffment  ;  and  alfo,  whereas  it  will  be  greatly  to  the 
advantage  of  the  eldett  fon  of  the  laid  Join  Lane,  to  dock  the  entaii  of  ihe  faid  lands  fo  limited  to  the  faid  Pa- 
\ience  his  mother,  whereby  the  faid  John  may  be  enabled  to  provide  for  his  younger  chilarcn,  and  to  fettle  the 
ttner  parcel  of  land  purchased  ol '  Jofepb  Lane  as  alcrelaid,  w  hereof  he  is  lei/cd  in  fee  fin. pie,  to  the  Came  ufes:  and 
pralinuch  as  notice  has  been  cubljlhed  tlnee  Sundays  iuccefiively  in  the  ievtral  churches  and  chapels  in  the  faid  pariii 


40 

"<&  E:l?cwib,  in.the  county  of  Halifax,  tb.it  application  would  be  marie  to  this  prefei'it  General  AlTembly,  to  dock  the 
intail  of  the  faid  dividend  of  land  lo  limited  to  the  laid  Patience,  upan  fettling  tne  Other  lands  to  the  lame  ufes,  p'urfu- 
ant   to  your  Majefty'S  hdfructions  : 

II.  May  it  therefore  pleaie  your  moft  Excellent  Majefty,  at  the  humble,  fuit  of  the  faid  John  Lane,  and  the  faid 
Blake  Baker,  that  it  may  he  enacted,  and  be  it  enacled,by  the  Governor,  Council,  and  AJJembly,andby  the  authority  of  the 
fame,  that  the  laid  lands  fo  limited  as  alorelaid  to  the  laid  Patience  Lane,  fo  as  aforelaid  agreed  to  be  fold  to  the  laid 
Jofetih  Lane,  trad  by  him  to  the  faid  Blake  Baker,  be,  and  are  hereby  veiled  in  :he  laid  Blake  Baker,  his  he  rt  and  aifigns, 
in  tee  iimple,  to  the  only  proper  ufe  and  behoof  of  the  faid  Blake  Baker,  his  heirs  and  aliigns,  tor  ever.  And  that  the 
other  parcel  of  land  herein  before  menjioned  to  be  purchafed  by  the  faid  John  Lane,  lying  and  being  in  tne  county  of 
Halifax,  be,  and  is  hereby  veiled  in  the  bid  John  Lane,  in  the  fame  manner  as  is  by  the  laid  will  directed  for  the  other 
lands  fo  limited  to  the  laid  Patience  ;  aud  the  lame  (hall  remain,  go,  and  defcend,  to  ail  and  every  fu<  h  perfon  and  per- 
jbns,  and  for  fuch  elfatc  or  eftates,  and  in  fuch  manner  and  form,  as  the  faid  land  I'd  limited  to  the  faid  Patience  would 
have  remained,  gone,  and  defcended,  by  virtue  of  any  limitations  in  the  will  of  the  faid  Barnaby  McKinrr-y  before 
mentioned  as  if  this  act  had  never  been  made  :  laving  to  the  kino's  moll:  excellent  Majefty;  his  beirs  and  fuccefl'ors, 
and  to  all  and  every  other  perlon  ami  perfons,  bodies  politick  and  corporate,  their  reflective  heirs  and  fuccefibrs,  other 
jhan  the  perfons  claiming  under \ the  will  aforelaid* of  the  laid  Barnaby  Mcjiinnev,  all  lucl  right,  t.tle,  itere  ft,  claim, 
and  demand,  as  they,  every,  or  any  of  them,  lliould  cr  might  claim,  if  this  act  had  never  been  made. 

III.  And  alfo,  wnereas  the  laid  Barnarby  M' 'K"mmy,  by  his  lafl  and  teftament  f.s  aforelaid,  deviled  to  his  daughter 
Chriliian  MP  Kinney ,  and  ihe  heirs  of  her  body  lawfully  begotten,  and  to  their  lie  rsfar  ever,  three  hundred  and  twen- 
ty acres  of  land-  more  oriels,  being  the  plantation  leafed  to  doctor  Ja:ius  7 hompfon,  known  bv  the  name;  of  walnut 
fork  ;  and  two  hundred  and  titty  ac.  es,  tin  re  or  lefs ;  including  the  plantation  where  James  Denfon  lived  ;  and  ail  the 
lands  between  the  cyprels  gut  and  ifaac  Reel's  line,  and  the  1 1  ick  pond  ;  aid  the  lad  Orijiian  intermarried  with 
William  Hitrjt,  late  ot  Halifax  county,  by  whom  Ihe  had  ilfue  Mary,  her  only  chid  and  heir  ;  and  lomc  time  ?fter  the 
death  of  the  laid  Barnaby  M'Kimtay,  the  faid  Gbriftian  departed  this  life,  leaving  ilfue.  the  fiud  Mary,  who  i>  inritled 
10  the  aforelaid  two  tracts  or  parcels  of  land  lo  deviled  to  the  faid  l-hri/ii  n  het  mother,  and  apprehending  that  (he  the 
faid  Mary  had  a  fee-linple  ellate  therein,  and  in  order  to  purchafe  other  lands  and  Haves  of  «rea  ter  value  than  the  a- 
iorelaid  two  tracts  of  land,  to  advance  her  fortune  and  interetl,  agreed  to  fell  the  lime  to  Blake  Baker,  for  the  cor.li- 
deration  of  five  hundreu  pounds  :  and  whereas  the  laid  Maty  is  teized,  in  fee  Iimple,  of  and  into  one  tract  of  land, 
containing  by  eftimation  two  hundred  and  feventy  rive  acres,  lying  and  being  in  the  eounty  of  Halifax,  conveyed  to. 
Ji'illiam  Hurjt,  father  of  the  laid  Mary,  by  Benjamin Sherrod and  Patience  his  wife,  a  id  by  deed  of  gift,  conveyed  to 
the  faid  Mary  by  the  laid  William  Hurjt,  her  father  ;  aud  alfo,  two  hundred  acres,  iyin^  and  being  in  Northampton 
county,  purchafed  of  Paul  Patrick  and  /ignis  his  wife,  by  the  afort faid  Williani  Hurt/,  and  by  him  conveyed  to  the 
faid  Alary 'ay  deetl  of  gift  :  and  whereas  i;  will  h.e  greatly  to  the  advantage  of  the  laid  Mary  to  dock  the  ent  il  of  the 
Jaidtwo  tracjs  of land  lb  devifed  to  the  laid  Chriflian.  her;  mother;  and  to  le-  tie  the  other  parcels  of  land  whereof  the 
faid  May  is  feized,  in  fee  Iimple,  being  of  greater  value,  to  the  fame  ules  :  And  forafmiich  as  not  ce  ^as  heen  pub. 
luhed  three  Sundays  luccelhvely,  at  the  churches  and  chapels  in  the  p.-i-iih  of  Bdgecomb,  in  the  county  of  Halifax,  that 
application  would  be  made  to  this  prelent  general  aiTembly  to  dock  the  entail  of  the  aforefaid  two  tracts  or  parcels  of 
land  lo  devifed  to  the  faid  Cbriftiant  upon  fettling  the  other  lauds  cf  greater  value  to  the  lame  ules,  purlnant  to  ycur 
Majelby's  inftructions  : 

IV.  May  it  therefore  ple.a'e  your  mofl:  excellent  Majefty,  at  the  humble  fuit  of  the  aforefnid  Mary  Httrfl  and  the 
faid  Blake  Baker,  that  it  may  be  enacted,  and  be  it  enacled,  by  the  Gvvemo* ,  Council,  and  Ajfembly,  and  bv  the  authority 
*j  the  lame,  that  the  two  tracts  or  parcels  ot  land  fo  deviled  as  aforefaid  to  the  la;d  ChrUtian,  fo  a*  aforelaid  agreed  to 
bs  fold  to  the  laid  Blake  Baker,  be,  and  are  hereby  veiled  in  the  fiid  Bit  be  Baker,  h  s  heirs  and  aifigns,  ia  fee  Iimple,  to 
the  only  proper  ufe  an  I  behoof  t>i  the  laid  Blake  Baker,  his  heirs  and  afligns,  for  ever;  and  that  the  aforefaid  two 
hundred  acres  of  land  herein  before  mentioned,  lying  and  being  in  Northampton  county,  ctinvejed  to  the  laid  Mary  by 
deed  of  gift  as  aforefaid,  be,  and  is  hereby  veiled  in  the  fiid  Mam  Hurji,  in  the  fame  manner  as  is  by  t'le  fa  el  will  at. 
reeled  for  the  atner  la.ids  lo  devifed  to  the  (aid  Chri/iian  in  lieu  and  (lead  of  the  aforefaid  three  hundred  and  twenty 
acres  of  land  lb  devifed  as  afoi  elaid,  and  that  the  aforefaid  ti\o  hundred  and  fjventy  five  acres  before  ment  oned,  lj  trig 
and  being  in  the  couniv  of  Halijax,convey.ed  to  the  aforelaid  Mary,  by  H'i'iion/  Hurfl;  "her  father;  as  alorelaid,  be,  ard  is 
hereby  veiled  in  the  faid  Mary  Hurjt,  in  the  fame  manner  as  is  by  the  faid  wdl  directed  for  thewher  lands  lo  devifed 
to  the  faid  Chriflian,  in  lieu  and  (lead  ot  the  sf.ireiaid  two  hundred  ar.d  fifty  acres  of  land  lb  <ici  if  d  rs  aforefaid,  cc  m- 
monly  called  the  Callidonia  plantation  :  and  the  aforefaid  two  tracts  or  parcels  ot  la"d,  lo  conve  ed  as  aforefaid  to  the 
faid  Mary,  (hall  remain,  go,  and  d?-'fcerd,  to  all  ai  d  every  fuch  perfon  and  perfons,  and  for  fuch  elf  ate  or  rflates.  and 
in  fuch  manner  and  form, as  the  afprtfa.d  two  tracts  or  parcels  of  land  lo  devifed  to  tne  faid  Chrijtian  leverally  would 
have  remained,  gone,  and  delcended,  bv  virtue  of  any  devife  or  I  niitation  in  the  will  of  the  (aid  Barnaby  M'Kinney  he- 
fore  mentioned,  as  if  this  adt  had  never  been  made  :  laving  to  the  King's  mall  excellent  Majefty,  his  heirs  and  fuccef- 
fors,  and  ro  all  and  every  other  perfon  cr  perfns  bodies  politick  and  corporatr the ir  refpe-clive  I  eirs  and  fucceflbrs, 
other  than  the  perfons  claiming  under  he  will  ot  the  faid  Barnaby  AfKinney  as  aforefaid  ;  or  others  de,  ali  fuch  nidus 
title,  interell  claim,  and  demand,  as  they,  every,  or  any  of  them,  Ihould  or  might  claim,  it  this  act  had  never  been 
made.  Provided  always,  that  this  act,  or  any  thing  herein  contained;  ll.ail  uyt  take  effect,  or  be  in  force,  until  hia 
Majefty 's  approbation  be  had  to  the  fame. 


4i 

ITT  GeorgeIIi.     The  3dofMov-mbcr,  17/I2. 

C  jap.   XIII.   /?*  ael,for  efiablifiring  a  town  on  the  Lnd  cf  William  lerruage,  at  a  pLce  called  Atkins'/  Bunts,  inDobbft- 

COltt  /','. 

I.  TTT7HERE  \S  t  has  been  reprefented  to  this  afn.'mblv,  th«t  the  land  nf  IV'illhm  Herritage,  lying  on  the  north 
VV  fid  iS'a/e  river,  ac  a  place  called  Atkins's  banks,  in  Dobbs  county,  is  a  plcai'am  and  healthy  fituation, 
and  commodious  tor  trade  and  -commerce  ;  md  the  laid  William  Herrit  ge  hav  .ig  acknowledged  his  free  confenc  to 
have  one  hundred  acre;  of  the  faid  land  laid  oif  for  a  town,  and  fif  y  acres  'or  a  town  common,  which  will  oreatly  pro* 
moe  the  trade  of  the  laid  river  : 

II.  Be  it  therefore  enabled,  by  the  Governor,  Council,  and  AJfimblv  and by  the  authority  of  the  fame,  That  the  direct* 
ers  or  trultees  herein  afier  appointed,  or  a  majority  of  them,  lhall,  lo  lb>n  as  may  be,  alter  the  palling  this  act,  caufe 
the  laid  one  hundred  acres  ot  land  to  be  laid  off  in  lots  ol  half  an  acre  each,  with  convenient  ftreets,  lanes,  and  allies, 
referving  one  acre  arid  a  half  of  the  faid  land  whereon  the  chappel  and  public  warehouie  now  flands,  for  their  refpec- 
tive  utes  ;  which  land  lo  laid  off,  according  to  the  directions  ot  this  ait,  is  hereby  conftuuted,  erected,  and  eftablilhed 
a  town,  and  lhall  be  called  bv  the  name  of  Kingjhn. 

III.  And  be  it  +urth  r  en,  B  d,  by  the  authority  aforefaid,  that  from  and  after  the  pafTing  this  act,  Francis  Jlt'tLewean^ 
Richard  Co/well,  Simon  Bright,  jun.  John  Shine,  and  David  Gordoi,  be,  and  they,  and  every  of  them,  are  hereby  confti- 
tnted  directors  and  truitees,  for  defigning,  bulling,  and  carrying  on  the  laid  town;  and  they  lhall  itand  feized  of  aa 
indefeafible  eftare,  in  tee,  of  the  fad  one  nundred  ana  titty  acres  of  la. id,  to  and  fur  the  ufes,  intents,  and  purpoles, 
hereby  exprefled  and  declared  ;  and  they,  or  any  ihreeot  them,  lhall  have  power  and  authority  to  meet,  as  often  a£ 
they  lhall  thi.ik  neceflary,  and  caufe  a  plan  thereof  to  be  made  ;  and  therein  to  inlert  a  mark  or  number  to  each  'ot  i 
and  as  foon  as  the  faid  town  fliall  be  laid  off  as  nforefaid,  they,  and  each  of  them,  lhall  have  power  to  take  lublcripti- 
ons  for  the  faid  lots,  of  luch  perlbns  as  are  willing  to  lublcr  be  tor  them  :  and  when  the  faid  directors  have  taken  lub* 
fcriptions  for  fifty  lots,  or  upward  ,  the}  lhall  appoint  a  day,  and  give  publ  c  notice  to  the  lublcribeis  of  the  day  ap- 
pointed for  the  drawing  of  the  laid  lots  which  (hail  be  done  by  bailot,in  a  fa>r  and  open  manner,  by  the  direction  ,  and 
in  the  prefence  of  the  majcrity  of  the  f*id  directors,  at  leaft  ;  and  fuch  fubferiber  lhall  be  intitled  to  the  lot  or  lot?, 
which  lhall  happen  to  be  drawm  for  him,  ind  correfpond  >vith  the  mark  o-r  number  contaiKtd  in  the  plan  of  the  faid 
town  ;  and  the  laid  d're&ors,  or  a  majority  of  hem,  ill.  1  make  md  execute  deeds  for  granting  and  conveying  the  laid 
one  hundred  acres  of  land,  in  hall  acres,  as  aforelaid,  to  the  full cribcrs,  their  heirs  and  alfigns,  lor  evir,  uider  the 
rules,  reltricTionSand  provifo'i,  'iereafier  mentioned  ;  and  alio  to  every  other  perfon  who  Hull  purchale  any  lot  or  lo  i 
in  the  faid  town,  at  the  colt  and  charges  of  i  he  grantee  to  whom  the  faid  lot  or  lo:s  fh.il!  be  conveyed  ;  aiiu  every  per» 
ion  claiming  any  lot  or  lot ■>  by  virtue  of  any  luch  conveyance,  lhall  and  may.  hold  and  enjo-"  the  lame,  in  fee-finiple. 

IV.  Provided  nrverthelefs,  that  every  grantee  ot  my  lot  or  lo;s  in  the  laid  town  lo  conveyed,  (hall,  witinn  three 
years  next  after  the  dale  ol  the  conveyance  for  the  fame,  erect,  bu'lci,  aid  finlh,  on  each  lot  loco  lvey ed,  one  well  framed 
or  brick  houfe,  fixteen  feet  fquare  at  the  leaft,  and  nine  feet  pitch  in  the  clear,  with  a  brick  or  ltene  chimney,  or  propor- 
tionable to  luch  dimerfions,  if  fuch  grantee  thai  have  two  or  more  lots  contiguous  ;  and  if  i>'e  owner  ot  any  lot  or  lots 
lhall  fail  to  comply  with  the  directions  in  this  act  prefer  bed  for  biilding  and  finifliinga  houis  thereon  ;  fuch  lot  or  lots 
upon  which  a  hmife  fliall  nor  be  built  and  finilhed  as  aforelaid,  Hull  be  tree  for  any  other  perfon  or  perfons  to  take  up, 
in  ttie  fame  manner,  and  under  the  like  rules  and  reilrictions,  as  other  lets  are  directed  to  be  granted  to  any  other  per- 
fon or  perfonsatier  the  fublcription  lots  are  drawn  lor :  and  in  cale  ai  y  perfon,  owner  of  a  f  ived  lot  or  lots  in  the  laid 
town,  lhall  die  without  heir,  or  legally  difpofing  thereof,  then,  and  in  fuch  cafe,  fuch  lot  or  lots  fliall  revert  and  come 
tp  the  faid  William  Herritage,  liL  h(  irs  and  alTigns  ;  anv  thing  in  this  act  contained  to  the  contrary  no  t\\  khltanding. 

V.  And  be  it  further  en.icled,  by  the  authority  aforefaid,  that  each  re  IpecTive  fubferiber  who  fliall  lublcri  be  for  any 
lot  or  lots  in  the  faid  town,  Hull,  within  one  month  after  it  lhall  be  afcert  i  ined  to  whom  each  of  the  faid  lots  doth  be- 
long, in  manner  herein  before  mentioned,  nay  and  fatisfy  to  the  trealnrer  of  the  laid  town,  forty  five  (hillings,  proclama- 
tion money,  ler  each  lot  by  him  lubkribcd  for  :  ai  d  in  cale  of  the  rctufal  or  regie*!  ol  ary  fubferiber  topay  the  <a'd  fumr 
the  treafurer  lhall  and  may  commence  anil  proiecute  a  fuit  in  his  own  name,  for  the  fame,  and  therein  fliall  recover 
judgment,  with  coils  of  fuit:  and  the  faid  treafurer  lhall  as  foon  as  he  receives  the  faid  money  pay  and  latisfy  to  the  faid 
William  Heritage,  his  executors,  adrniniftrators  or  afligns,  the  fum  of  tony  thill  ngs,  proclamation  money,  for  each 
lot,  in  fu'l  fatisfacrion  for  the  laid  lauds  ;  and  the  o"her  five  (hillings  lhall  be  applied  towards  defraying  the  expences 
ot  laying  off  and  improving  the  laid  toA'n,  as  a  majority  of  the  directors  lhall  think  nec<  flary. 

VI.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  Francis  Alacklcwean  be,  and  is  hereby  appointed  trea» 
furer  of  the  laid  town  ;  who  (hsll  enter  into  bond  with  fufficient  fecurity,  to  the  Juftices  of  the  inferior  court  of  the 
laid  county  of  Dobbs,\n  the  pen-i]  fum  of  three  hundred  pounds,  that  he  will  well  and  truly  account  with,  ai.d  pay  the 
monies  he  (hall  receive  in  virtue  of  his  office  to  fuch  perfon  and  perfons  as  by  this  act:  he  is  directed  :  and  on  the  death 
or  removal  out  of  thee  >unry  of  the  faid  treafurer,  the  remaining  diiectois,  or  any  three  of  them,  by  certificate  under 
their  hands  and  feals,  fh  ill  nominate  and  appoint  one  other  of  the  laid  directors  to  be  trejlurer  of  the  laid  town  ;  and) 
lo  in  like  manner,  from  time  to  time,  as  often  as  the  faid  office  lhall  become  vacant  as  aforelaid  :  and  fuch  trealurer  ot 
tfeafurers  lhall  entei  into  bond,  with  lecurity,  in  the  lame  manner  as  the  trealurer  by  this  act  appointed, 

Vii.  And  for  coatinuing  the  luccelfioa  oi  the  laid  directors  until  the  laid  town  lhall  be  incorporated  ;  be  it  further 

Id 


enacled,  by  the  authority  aforefaid,  'hat  in  cafe  o*-  tile  death,  refufal  to  aft,  or  removal  o'lt  of  the  county,  of  any  of  th* 
raid  directors,  the  remaining  directors,  or  the  majority  at  them,  (hail  aflemlile,  and.are  hereby  irnpc  we'red  from  time 
to  time,  by  inllruinent  fn  writing,  under  their  hands  and  teals,  ta  nominate  (bine  oilier  perfon,  being  a  freeholder  in 
the  faid  town,  in  the  pi  ice  of  him  o  dying,  refuting  to  aft,  or  removing  out  of  the  com  ty  ;  which  new -director  fono. 
minated  and  appointed,  mail  from  thenceforth,  have  the  like  power  and  auchority,  in  all  things  in  the  matters  herein 
contained,  as  it  he  had  been  txprelsly  named  and  appointed  in  and  by  this  act. 


Chap.  XIV.  Ai  ail  for  eftabliflmc  a  tovn  on  the  lands  of John  and 'William  RmTell,   minors,  Cons  of  John  Ruffe! 

decea/cd.  on  the  W  eit  fde  of the  North- Weit  branch  of  Cape  fear  river,  near  the  mouth  oj  Crofs  Creek,  by  the  name 

«/ Campbell  i  on,  and  other  purposes, 
I.  1 X7HEREAS  the  ellabiiming  a  town  on  the  lands  of  John  and  William  Ruffs  II,  minors,  fons  of  John  Ruffell,  de. 
VV  ceafed,  on  the  viejt  fide  of  the  north-weft  branch  of  Cape  Fear  river,  near  the  mojth  of  Crofs-Creek,  will 
greatly  encourage  honefl  and  able  traders  to  relide  iheiein  ;  by  mean  whereof,  the  trade  of  the  counties  of  Anfon  and 
Rowan,  which  at  prefent  centers  in  Charles-town,  Souih.Carolina,  to  the  great  prejudice  of  this  province,  will  be 
drawn  down  to  the  laid  town  :  And  whereas  the  erecting  a  town  on  the  laid  lands  will  be  of  great  benefit  and  ad. 
vantage  to  the  faid  minors,  in  as   much  as  the  lands  adjoining  thereto  will  become  of  much  greater  value  ;  Therefore, 

II.  Be  it  enured,  by  the  Governor,  Council,  and  affsmbly,  and  by  the  authority  of  the  fame,  That  the  honorable  John 
Sampfon,  E((\-  Cornelius  Harnett,  Maurice  Moor,  Hugh  Waddle,  William  Dry,  Htdor  M'Neile,  Walter  Cibfon,  4te'x* 
tinder  M'  Alilter,  Richard  Lyon,  William  Bariram,  and  John  Wilcocks,  Efquires,  are  hereby  appointed  commiifioners 
and  are  vetted  with  full  power  and  anthori  y,  to  lay  off  one  hundred  acres  ot  land,  part  of  a  tract  of  fix  hundred  and 
forty  acres,  belonging  to  John  and  Wil  iam  Ruffel,  minors,  fons lof  John  RUffsl,  deceafed,  fitnate  on  the  Wefl  fide  of 
the  North  Wefl  branch  of  Cape. Fear  river,  below  the  mouth  of  Crofs-Creek,  for  a  town,  by  the  name  of  Campbellton  : 
And  the  laid  commiifioners,  or  the  majority  ot  them,  are  hereby  directed  and  impowered,  to  lay  out  the  laid  one 
hundred  acres  of  land,  as  foon  as  conveniently  may  be,  after  the  palling  of  this  act,  into  lots  of  half  an  acre  each,  with, 
convenient  ftreets,  and  a  fquare,  for  public  buildings. 

III.  And  be  it  further  enacled  by  the  authority  afore/aid,  That  when  the  commifToners,  or  the  major  part  of  them, 
have  laid  out  the  faid  town'into  lots  and  itreets  as  aforelaid,  which  lots  being  regularly  numbered,  and  fubfenptions 
taken  for  fifty  lots,  or  upwards,  they  lhill  appoint  a  day  for  drawiug  the  laid  lots,  and  give  public  notice  thereof,  at 
leait  three  months  before  drawing  the  fame,  which  ill  ill  be  by  ballot,  in  3  fair  and  open  manner,  in  their  pretence  ; 
and  the  fubftriber  (hall  be  int. tied  to  the  lot  which  fhall  happen  to  be  drawn  for  him  and  correfpond  with  the  number 
contained  in  the  plan  of  the  laid  town  ;  which  lot  or  lots,  the  commiifioners  before  appointed,  or  the  majority  of  them, 
are  hereby  impowered  to  grant,  convey,  and  acknowledge,#to  the  perion  or  perfons  lb  drawing  the  fame,  and  his 
heirs  and  alligns,  forever,  in  fee-fimple,  upon  the  payment  of  three  pounds,  proclamation  money,  to  the  treafurer 
herein  after  named. 

IV.  And  be  it  further  enacled  by  the  authority  aforefaid,  That  Richard  Lynn,  Efq  ;  be,  and  is  hereby  appointed 
treafurer  and  receiver  of  all  Inch  Ann  and  funis  ot  money  when  lhall  arite  by  the  fale  of  the  faid  lots,  for  the  ules 
hereafter  mentioned  :  And  on  the  death,  or  departure  out  of  the  government  ot  the  faid  treafurer,  the  faid  com. 
jnifhoners,  or  the  major  part  of  them,  thall  appoint  tome  otner  perfon  treafurer,  in  the  place  of  the  faid  treafurer. 

V.  Andie  it  further  enacled  by  the  authority  aforefaid,  Tnat  the  treafurer  herein  appointed,  and  every  treafurer  that 
(haU  or  may  be  hereafter  appon  led  by  the  comnnlfioners  as  atorefiid,  lhall  give  fecurity  to  the  inferior  court  of  the 
county,  in  the  fum  cf  one  thoufand  pounds,  proclamation  money,  that  he  ihall  and  will  account  with,  and  pay  in  all 
the  monies  be  thall  receive  oy  the  fale  of  all  and  every  the  loc  and  lots  tnat  lhall  be  told,  yearly,  on  the  firit  day  of 
January,  into  the  hands  of  the  guardian  or  guardians  of  the  faid  minors  John  and  William  Ruffell,  for  the  lole  ufe  and 
benefit  of  them  the  laid  minors. 

VI.  Provided  always,  That  if  any  lot  or  iott  thill  be  granted  and  conveyed  by  the  faid  commiifioners,  to  any  perfon 
or  perfons  whatfoever,  who  lhall  not,  within  three  years,  build  a  good  fubftantial  habitable  framed  houfe,  not  of 
lefs  dimenfions  than  twenty  feet  of  length,  and  fifteen  feet  wide,  e\clulive  of  Iheds,  or  make  fuch  preparation  for  lb 
doing,  as  the  coiiiaiilfioners,  or  the  major  part  of  them  thall,  on  view,  think  reaibnoble  ;  fuch  grant  or  conveyance 
ihall  be  void,  and  it  is  hereby  declared  void  and  of  none  effect,  as  if  the  fame  had  never  been  made  :  And  the  com- 
miifioners may  grant  ard  convey  fu  :h  lot  or  lots  which  thall  not  be  built  on  within  the  time,  an  J  in  the  manner  as  it 
herein  before  directed,  to  any  other  perfon  or  perfons  applying  for  the  lame,  and  paying  the  money  for  the  laid  lot 
as  in  this  act  is  before  directed,  for  the  ule  ol  laid  minors  John  and  William  Rufjelt. 

VII.  And  whereas  part  oi  the  faid  one  hu.idred  acres  of  land,  whereon  the  faid  town  of  Campbellton  is  hereby  in. 
tended  to  be  built,  is  in  Bladen  county  ;  aid  the  inhabitants  ol  Cumberland  county  have  petitioned,  that  fuch  part 
thereof  may  be  added  to  Cumberland,  and  that  the  court-houfe,  prifon,  and  ltocks,  be  removed  to,  and  erected  in 
the  faid  town;  Be  it  enacled,  by  the  govern r ,  council,  and  affhmhly,  and  by  the  authority  of  the  fame,  That  to  much 
of  the  faid  land,  being  in  Bladen  county,  «.s  lhall  be  judged  necellary  for  eltablilhing  the  faid  tow.i,  by  the  commilfi. 
oners  hercn  before  appointed,  or  the  majority  of  them  (provided  the  fame  do  not  ex;eed  one  hundred  acres  ot  land) 
is  hereby  annexed  to,  and  declared  lobe  part  of  Cumberland  county  }  any  law,  ulage,  or  cuilom,  to  the  coutrary  m 
any  wife  uoiwiththmding. 


43 

VIII.  And  be  it  further  enacled,  by  the  authority  afore/atd,  that  t'ne  commhTioners  herein  before  appointed,  or  the 
majority  of  them,  are  hereby  mipowerett  and  direfted,  to  run  an  eajt  line  down  to  the  river  :  beginning  at  the  dividing 
line  between  Cumberland  and  Bladen  two  hundred  poles  below  the  mouth  oi  Cto/s-Creek  ,  which  line  being  Co  run, 
as  above  directed,  (hall  be  her.celorth  taken  and  deemed  to  be  the  dividing  line  betweeen  the  counties  of  Cumberland 
and  Bladen;  any  law,  or  ufage,  to  the  contrary  notwithstanding.     Tbe  reft  Obfokte. 


Chap.  XV.  An  aft  to  lay  a  tax  on  the  inhabitants  of  the  feveral  counties  of  the  difirid  of Halifax  Superior  Court,  to  repair 

the  public  prifon  thereof,  and  other  pwpofes. 
J,    CX7.HF.REAS  the  public  prilon  of  Halifax  oiftrift,  has,  by  experience,  been  found  to  be  inefficient  for  the  iafe 
VV  keeping  of  prifoners  committed  to  the  lame  j  ior  remedy  whereof, 
f.  II.  6  III.  Laying  a  tax,  &c.  had  their  effeS. 

IV.  And  be  it  fur  l  her  enacltd^  by  the  authority  aforefaid,  that  after  fuch  buildings  and  repairs  (hall  be  made  as  afore, 
faid,  when  any  perfon  or  perfons  within  the  dittrict  of  halifax  fuperior  court,  mall  be  apprehended  lor  any  criminal 
oifence,  that  on  a  couviftion  thereof,  would  incur  il  e  lot's  of  life  or  member,  it  fliall  and  maybe  lawful  tor  the  inferior 
court,  or  Juftice  of  the  Peace,  as  the  cjfe  ma  /be,  before  whom  an  examination  ot  fuch  criminal  (hall  be  had,  if  fuch. 
court  or  J  jilice  ihall  think  it  neeefl'ary,  to  commit  fuch  criminal  to  the  aforefaid  gaol;  and  the  flienff  of  the  county 
wherein  fuch  criminal  lhall  be,  is  hereby  directed  and  ordered  to  convey  fuch  criminal  to  the  faid  gaol,  and  deLver  him 
or 'them  to  the  lheriif,  or  keeper  thereof  ;  and  take  a  receipt  for  fuch  priloner  or  prifoners  from  the  laid  fheriff,  or 
keeper  ;   which  lhall  be  his  dilcharge  for  fuch  criminal  or  criminals. 

V.  And  be  it  further  enaclcd,  by  the  authority  aforefaid,  that  after  fuch  buildings  and  repairs  fliall  be  made  as  afore- 
faid, the  lherift' of  the  county  ot  Halifax,  for  the  time  being,  is  hereby  required  and  diredlcd,  when  any  criminal  ihall 
be  committed  to  the  faid  gaol,  to  employ  iome  perfon  of  integrity  to  be  keeper  thereof ;  who  ihall  conftantly  reticle 
in  the  laid  gaoler's  houfe  during  the  nine  lu<h  criminal  lhall  be  in  gaol ;  and  ihall  alio  take  all  lawful  means  for  pre- 
venting fuch  criminal  irom  efcaping. 

VI.  And  be  it  further  entitled,  by  the  authority  aforefaid,  that  all  incident  charges  attending  the  commitment  and 
keeping  fuch  criminal  or  criminals,  ihall,  if  fuch  criminal  or  criminals  have  not  lumcient  eltate  to  fatisfy  the  fame,  bo 
paid  by  the  public. 

Chp.  XX.  An  acl  for  enlarging  the  time  allowed  for  faving  lots  in  the  town  rf  Hertford,  and other  purpofes. 
I.  \T7HEREAS  by  one  aft  of  allembly,  parted  in  the  thirty  "i'econd  year  of  the  reign  of  his  late  Majefty,  intituled, 
VV  an  i>cl  for  eftablifbing  a  town  on  the  lands  of  Jonathan  Phelps,  in  Perquimans  county*,  among  other  things,  it 
is  provided,  mat  the  grantee  of  every  lot  in  the  faid  town  fliall,  within  three  years  after  the  obtaining  a  conveyance  lor 
the  lame,  ereft  and  finilh  thereon  a  houfe,  of  the  dimensions  therein  Ipeciried  ;  and  on  failure  thereof,  every  lot 
-whereon  fuch  houfe  lhall  not  be  fo  erefted,  fliall  be  re- veiled  in  the  dire  ftors  of  the  laid  town  by  the  faid  aft  appoint- 
ed ;  and  wnereas  the  time  limited  by  the  faid  ad  has  been  iound  too  Ihort  to  complete  the  buildmgs  on  the  faid  lots, 
whereby  many  perlons  arc  now  likely  to  forfeit  the  fame  : 

II.  Be  it  theief  ore  enaclcd,  by  the  governor,  council,  andaffembly,  and  by  the  authority  of  tfefrtne,  Tlat  every  lot 
in  the  laid  town  on  which  a  houfe  fliall  be  erected  and  built,  of  the  dimei-iions  mentioned  in  the  laid  aft,  within  the 
fpace  of  rive  >e:rs,  next  after  the  palling  of  this  act  :  and  alio,  every  lot  therein,  which  11k.11  hereafter  be  fold  or 
conveyed,  on  which  luch  houfe  lhall  be  erectid  within  the  (pace  offiVe  years  atter  the  date  ot  the  convince  made 
for  the  fame,  fliall  be,  and  is  hereby  declared  to  have  veiled  in  the  grantee  thereof,  in  fee-Gmple  ;  any  thing  to  the 
contrary  in  tne  laid  recited  aft,  notwithstanding. 

III.  And  whereas  fullering  wooden  chimnies  to  be  built  in  the  faid  town  mry  occafion  accidents  by  fire,  he  it  fur. 
ther  enaclel.h  the  authority  aforefaid,  that  no  perion  whatfoev  er  fliall  hereafur  ereft  any  wooden  chimney  in  tie  laid 
town  ;  and  every  perfon  who  ha  h  already  built  any  fuch  wooden  chimney  therein,  fliall  pull  down  the  fame  within  the 
term  of  live  >ears  next  atter  the  palling  of  this  aft  ;  and  if  any  perfon  or  perfens  lhall  prtfume  to  aft  contrary  hereto, 
in  erecting  any  wooden  chimney  in  the  faid  town,  or  in  failing  to  pull  dow  n  or  rem.  ve  ,  witliin  the  time  afore- n.enti. 
oned,  any  Juch  wooden  chimney  by  him  already  ercfted  therein,  the  d'recttrs  mentioned  in  the  belcre  recited  aft,  of 
any  two  ot  them,  are  hereby  anthorifed,  impowered ,  and  required,to  pull  down  ar.d  defiroy  every  luch  chin  icy,  and 
Itrall  not  be  liable  to  an  action  or  damage  for  !u  doing  ;  ard  il  the  duxftcrs.  or  any  01  them,  fliall  be  iucei for  the  lame, 
they  may  plead  the  general  ifluc,  and  g:ve  this  ac«c  in  lei  idence. 

IV-   Anabejtfuith.r   ttiatitd, by  the *u  thon.ty  cjoreftid,  'i  h.t  the  faid  r'heclcrs,  cr  ary  thee  cf  tl  tir,  11  all   and 
may,  and  are  Hereby  atithirifed  and  impowered,  to  make  ard  execute  deeds  icr  gram  rg  aid  coi  uyii  g  to  eteiy  per 
ton  and  perlons,  wdo  already   iiave  purchased,  or   hereafter  fliall  r.utchale,    ary  lot  or  lets  in  the  fa:d  town  i  and  e 
yery  perion  claiming  any  fuch  lot  or  lotsb  y  virtue  of  any  rath  tw.1  C)  ai.tc,  ihall,  «.d  15  l.tiely  declared    to  tavt    ~ 
Wdeleafible  eflate,  m  fee-Ample,  u»  the  lame.  *p.  33.  '       >        >  / 


a» 


AL, 

V  George  III.      The  30th  of  January,  1764. 


CHAP.  XII.  An  aft  for  laying  a  tax  on  the  inhabitants  ofth*  reve>-i[  counties  of  the  diflrift  of  Salilbury  fuperior  courtt 

to  rctfuir  the  fublk  gaol  thereof. 
J,    TT 7HEKEAS  the  public  gaol  of  Salifbury  diitricl  has,  by  experience,  been  found  infumVient  for  the  lafe-kecping 
VV  oflelonsand  others  committed  to  the  lame  :  for  remedy  thereof, 
$.  II.  it  III.  Relating  to  laying  a  tax,  6c.  had  their  effeft. 

•IV.  And  be  it  furtuer  enacled,  bv  the  authority  of, re/aid,  that  after  fuch  buildings  and  repairs  fhall  be  made  as  afore- 
Taid,  when  any  perfon  or  perfon;  within  the  diftner  of  Salifbury  fuperior  court,  lhi!l  be  apprehended  tor  any  criminal 
offence,  that  oil  convicti  >ii  thereof  would  incur  the  bfsot  lite  or  member,  it  fhall  and  mav  be  lawful  for  the  inferior 
court,  or  Juitice  of  the  peace,  as  the  cale  may  be,  before  whom  an  examination  ot  inch  criminal  thall  be  had,  if  fuch 
court  or  J  t.tiC2  Ihill  think  it  necertary,  to  commit  fuch  criminal  to  the  aforefaid  gaol  ;  and  the  Ihcriff  c  f  tne  county 
■wherein  luch  criminal  (hall  be,  is  hereby  directed  and  ordered  to  convey  luch  criminal  to  the  faid  gaol,  an  I  deliver 
him  or  them,  to  the  flientf  or  keeper  .hereof,  and  take  a  receipt  tor  fuch  pnfoner  or  pr.foners  from  the  ia  d  ffierifif 
or  ketper,  which  ihall  be  his  difcharge  tor  fuch  criminal  or  criminals. 

V.  And  be  it  further  en.iEl-d,  by  the  authority  aforefaidt  that  after  fuch  buildings  and  repairs  fhall  be  made  as  afore*- 
faid,  the  inerift  of  the  county  of  Rowan  lor  the  time  being,  is  hereby  required  and  directed,  when  any  criminilisfliall 
be  committed  to  the  laid  aaol,  to  employ  tome  perfon  of  integrity  to  be  keeper  thereof,  who  fhall  ronitantly  refide 
in  tne  faid  gaoler's  houfe  during  the  time  i'uch  criminal  Hull  be  in  gaol,  and  mall  alio  take  all  lawful  means,  for  pre* 
venting  lucu  criminal  from  eleaping. 
i_ 

Chap.  XVI.  An  aft  for  afcertainbg  a  proper  place  for  building  thereat  a  caurthoufe,  clerk's  office,  prifon,  and  flocks,  f of 

the  county  of  Kdgcon-.b. 
J.  VT  7  HEREAS  Redman's  old  field  on  Tyoncoca,  the  place  heretofore  appointed  fw  building  thsi  eat  a  :ourt  houfe, 
VV  prilon  and  offices,  and  for  holding  thereat  the  court  for  the-  faiu  county,  is  lound  to  be  inconvenient  ar.tt 
Very  improper  for  that  pnrpofe ;  and  the  Jtiftices  of  their  feflions  for  thai  county  having  cei  'lfit  d  t.le  lame  to  this  Af- 
fembly,  and  recommended  the  lown  ot  7 arbor  (.ugh  as  the  tnoft  proper  pl-<ce  for  that  purpole,  and  the  inhabitants  cJ?- 
the  la.d  county  having  pertioned  tor  the  fame  : 

II.  Be  it  enacled,  by  the  Governor,  Council,  and  Affembly,  and  bv  the  authority  of  the  fame,  het  Mr.  AquilaSugg,  Mr.. 
William  Haywuod,  Mr.  Jofeph  Howell,  Mr.  Sherwood  Hay  mood,  and  Mr.  James  Holt,  or  a  majority  of  them,  lhaJi  and 
may,  and  they  are  hereby  required  and  directed  to  agree  and  contract  with  work  nen  tor  the  budding  and  erecting* 
a  fuitable  andiufficient  court-houle,  clerk's  office,  prilon,  and  lloik^;  tor  the  ufe  of  the  taxi  county,  in  the  town  of 
Tarborougb,  on  luch  parts  of  the  lots  let  apart  by  the  comiuitlionei* or  iruflees  fjr  the  faid  town,  as  to  them  lualfc 
Jeem    molt  proper. 

§.   III.  o  IV.  Laying  a  tax,  6c.  had  their  effects 

V.  And  be  it  fur  ther  enacled,  by  the  authority  iforefaid,  that  from  and  after  the  parting  of  this  act,  the  Inferior  court 
of  pleas  and  quarter  lentous  for  the  county  of  tdgcomb,  ffiall  be  conltauily  held  by  the  Jultices  ot  the  faid  county  at 
lbme  convenient  houfe  in  the  town  ot  Tar  borough,  to  he  appointed  by  the  faid  Juitices,  on  the  fourth  Tufiys  in  /f. 
J>rd,  July,  Oftober,  and  Ji.*uarv>year\y,  until  the  court-houfe  lor  the  faid  county  be  built  :  and  all  caules,  pleas,  writs, 
actions,  fuiis,  plaints,  pro.efs,  precepts,  recognizances,  indictments,  prelentments,and  other  matters  and  things  in  tlo 
kid  court  of  Edgcomb  depending,  immediately  alter  palling  ol "this  ait .  fliall  Itand  adjourned  and  continued,  anu  are 
Jiereby  adjourned  and  continued,  from  the  court  houfe  at  Redman's  old  field,  on  Tyoncoca  afeielaid,  to  the  court  to  be 
held  for  the  faid  county  in  the  town  of  Tarborough%  as  in  this  act  is  above  directed  ;  and  ail  appearances  and  return* 
c>\  procefs  lhall  be  made  to  the  inferior  court  of  p'eas  to  be  held  for  the  laid  county  at  the  town  aforefaid  ;  and  all 
luitors  and  witnefies  lhail  be  bound  to  appear  thereat,  in  the  fame  manner,  and  under  the  fame  penalties,  as  it  the  laid 
tourt  had  been  continued  at  she  laid  Redmui's  oldfiekl. 

VI.  And  be  it  further  eiaftedy  by  the  authority  afortfaid,  that  fo  much  of  one  act  of  AflVmbly  parted  at  Edenton,  inti» 
tilled,   an  aft  for  dividing  KilgLonib  county* ,  as  comes  wi:hin  the  purview  of  tois  act,  lhali  be  henceforth  repealed. 

, f 

V  George  tit     The  25  th  of  O&ober,  1764. 

C  h  ap.  X.  An  aft  for  enlarging  the  time  for  favlng  lots  in  the  town  of  Halifax,  and  other  purfofes. 
1.   TT  7HEIIEAS  from  many  unavoidable  hinderances,  it  hath  been  impract.  cable  for  the  proprietors  of  lots  in  thf( 
V  V   town  of  Halifax  to  complete  the  buildings  on  the  faid  lots  agreable  to  law  : 
II.  Be  it  therefore  enacled  by  the  Governor,  Council,  and  ^Jfembly,  and  by  the  authority  ot  the  fame,  that  every  lot  i« 
the  faid  town  on  which  a  houfe  ffiall  be  ejected  and  built,  of  the  duusi.licns.  mentioaed  m  one  act  ot  AJieiably,  intitifc. 
."JV.  C.  L.  1 74 1,  7;  _>.  ju 


v  .  .  IS 

led,  an  a&forefiailifhtrtg  a  toiuh  on  the  land  of  James  Leilie,  on  Roanoke  river  ;  or  one  otTier  aft,   intituled,  an  ail  /•»* 

enlarging  the  ii  ne  for  (hiving  hits  in  ibn  iovi/t  ^"Halifax,  preventing  the  building  cf -wooden  ch'tmnies  therein,   end  other  i ur- 

po/es*  ;   within  the  IpaCe  of  three  years  next  after  the  palling  of  th  s  aft  :  and  alfo  every  lot  therein  which  fhall  here* 

.atter  be  fold  or  conveved,  on  which  fuch  houfe  (hall be  erected  within  thd'fpa'ce  of  three  years  after  the  date  of  tha 

corive]  ance  ex.ec.red  tor  the  fame,  fha.lt,  and  is  hereby  declan  d  to  be  velted  in  the  grantee  thereof,  and  his  heirs  and 

alliens,  in  le?  limple  ;  any  thing  contained  to  the  cc.ntr.ir/  in  the  (aid  recited  acts,  notwithstanding. 

11  J.   /Ir.d  b  -         rt her  enaSed,  bv  the  authority  afore/aid,   tn.it  when  any  lot  in  the  faid  town  {hall  hereafter  Inple  by 

reafonof  i     i  ot  being  built  on.  the  directors  and  iruitees  of  the  faid  town,  or  the  majority  of  them,  (lull   and  may,  and 

are  hereby  directed  and  required,  to  fell  Imb  lot  at  public  vendue,  for  the   belt  price    that   can    be  got,  and  to  crive 

the  purcha'ersa  deed  of  bar.' am  and  fale  tor  the  lot  by  him  lo  pur  chafed. 

IV.  And  be  it  further  enaSied,  b"  the  authority  cforefaid,  That  the  directors  and  truftees  of  the  faid  town,  fhall  and 
may,  and  jre  hereby  directed  and  requhea,  to  a.ake  lale  of  all  other  lots  in  the  laid  town  not  already  difpofed  of  lor 
the  belt  price  that  cm  be  got  ;  and  tj  give  the  purchafer  of  every  fuch  lot  a  deed  of  bargain  and  fale  for  the  fame. 

V.  And  be  it  further  enaihd  by  the  authority  aforefaid,  That  the  fee  fimple  eftate  of  every    lot   in    the   laid    town 
heretofore  lUd  and  conveyed  in  purfuance  of  eitiier  of  the  afore-recited  afts,  or  that  (hall  hereafter  be  fold  or  conveyed 
by  virtue  of  this  prefent  aft  of  aflembly,  that  hath  been,  or  fhall  be  built  on  within  the  time  or  times   limited   bv  the. 
faid  afts,  or  this  prefent  aft,  fhall  be,  and  is  hereby  vefted  in  tlie  purckaler  olluch  lot,,  his  heirs  and  affigns,  agaihtfc 
every  perfon  claiming,  or  to  claim  any  rghtor  in  ereft  therein. 

VI.  And  be  it  further  en.iclcd  by  the  authority  aforefaid,  That  ail  monies  which  the  faid  directors  and  truftees  fhall 
from  rime  to  time-,  receive,  for  any  lot  or  tois  by  them  to  be  lold  or  difpofed  of,  fhall  by  them  be  applied  to  the  com« 
mon  ufe  and  benefit  of  the  laid  town. 

VII.  And  be  it  further  ensiled,  by  the  authority  afore  faid,  that  it  (hall  not  be  lawful  for  any  perfon  whatfrever  toereft 
any  wooden  chimney  in  the  faid  town  ;  and  every  perfon  who  hath  already  built  any  fuch  chimney  therein  (hall  pull 
down  tne  fame  within  '.he  fpace  of  fix  months  after  the  palling  of  this  aft  :  and  if  any  perfen  (hall  prefume  to  aft  con. 
trary  hereto,  in  erecting  any  wooden  chimney  in  the  fa'd  town,  or  in  failing  to  pull  down  any  iuch  already  erected  it 
fhall  and  may  be  lawful  for  the  faid  dii  eftors  and  truftees,  or  the  majority  of  them,  by  their  order,  to  direft  the  die. 
rilf  of  the  county  of  Halifax  to  pull  down  and  dehroy  every  fuch  a  imney  ;  which  order  the  (aid  fheriff  is  hereby  di- 
rected and  req  uireJ  to  obey,  and  lhall  be  paid  for  every  luch  fervice  the  fum  of  twenty  (hillings,  proclamation  money 
by  the  pany  offending  :  and  in  cafe  he  (hall  fail  or  negieft  to  pay  the  fame,  it  fhall  be  levied  on  his  goods  and  chattels-' 
by  a  warrant  of  dtftrefs  from  the  directors  and  'rultees  of  the  f-iid  town,  or  the  majority  of  them. 

VIII.  And  where  .s  fome  of  khe  directors  and  truftees  of  the  laid  town  are  desd,  and  others  of  them  removed  out 
of  the  country  ;  be  it  therefore  emitted,  by  the  authority  aforefaid,  that  fi  cm  and  a  1  it  r  the  palling  cf  this  aft,  the  honour- 
able  Alexander  M'Cidloch,  El q  ;  Robert  Jones,  jan,  Blake  Baker,  Joftph  Mont]  or t,  Join  Eelbank,  %mis  Toukp  and 
John  fhomfon,  gentlemen,  flu1!  be,  and  they  are  hereby  appointed  directors  f.nd  trufiee:-  of  ihe  faid  town,  in  the"  place 
wad  (lead  ot  thoie  appointed  by,  or  elrfte  A  in  \;r,ue  of  the  afore-recited  afts  j  ar.d  fhall  and  n  ay  ufe  and  excrcife  the 
fame  powers  and  authorities  a*,  the  directors  or  truftees  ot  the  laid  town,  apj  bin  ted  by  ihe  fiift  recited  act  ccnld  or 
ni  ght  have  exercifed  a<'o  enjoyed  by  vinue  of  the  fame  :  and  in  cafe  of  thedeaih,  refulal  to  act,  or  removal  out  of 
the  country,  oi  any  of  the  faul  directors  the  lurviving  or  other  directors  fhall,  and  they  are  hereby  required  ar.d  iin. 
powered,  to  choole  another  director,  crotner  directors,  in  the  room  of  Inch  f'o  dying,  refilling  to  act,  cr  removing  oni; 
of  the  country  ;  and  fuch  director  or  directors  fhall  have  the  fame  power  and  authority,  as  if  exprefsly  named  and  ap. 
pointed  in  and  by  this  ad.     * p.  30  a  36. 


Chap.  XI.   An  ccl  to  encourage  and  impower  William  Dry  to  make  a  public  road  through  the  great  ifland  oppofite  lo  th'c 

boi  ougk  of  Wilmington. 
!•   \X  7HER.EAS  a  road  through  the  oreit  ifland  oppoiite  to  tie  borough  of  Wilmington  will  be  very  beneficial  !o  tra. 
V  V    vellers  going  ro  and  from  South  Carolina,  and  to  others  going  to  the  town  ef  Brunfoitck,  and  up  the  north-zveft 
river  of  Cape  F-ar,  and  the  laid  IVilliatn  ,')rv,  be'ngdcfi  vu-  to  make  and  fini(h  the  fame  : 

II.  Be  it  enabled,  bv  the  Cover  tor;  Council,  an  1  jfemby,  and  by  the  authority  of  the  fame,  that  the  faid  William  Dry 
Hull,  within  fix,  mnnhs  after  die  palling  ot  t1  1 .  aft,  (take  and  lay  oft,  or  caufe  to  be  ftaked  and  laid  off.  a  road-  through; 
the  faid  ifl  md,  beginning  a;  his  'and  on  the  f  id  ifland  oppofite  to  market  flreet  in  the.faid  borough,  ai'd  running  welt- 
er'v  the  neareit  and  molt  conveniens  w  ay  a.crols>  :o  the  north*  uefl  i\  /er. 

IK.  Andbe  it  further,  ena&ed,  by  thi  upt  hoi  ity  aforefaid,  that  the  fai d  William  Drv,  h's  he'rs,  exec  -tors  or  adraim* 
ftrators,  fhall,  withhi  three  years  tro-n  the  p..ffing  of  this  aft  make  and  finifh  a  good  frfficient  read  throug'h  the  (aid 
ifland,  fixteen  feet  w  de,  and  <  tie  foot  above  high  water  mark  at  fpring  tides,  the  ditches  to  be  clear  tro-nend  to  end' 
and  tne  iniide  of  the  ditches  nor  to  be  !els  ban  <ix  feet  diftanr  from  the  outfide  of  the  caulewav ,  ami  convenient  toy 
carriages  tapaf's  ad  repals  ;  and  to  m  ike  bri  Iges.good  a-d  fubftantiaJ',  and  agreable  to  law  o  er  ill  tne  creeks  that 
the  faid  road  Ih  II  rro's.  under  ihe  1  e.talry  of  two  hundred  pounds,  proclamation  money  ;  to  he  recovered  by  action 
of  deht.inanv  court  of  record,  ha-.-g  cu.ni-ance  thereof,  die  one  half  to  the periwj  luing  foi  the.  feme,  and  the  other 
half  to  be  applied  towards  leiJtuine  the  county  tax. 

M 


46 

IV.  And  to  encourage  the  faid  William  Dry  to  make  and  finifli  the  faid  road  ;  h  it  further  enctted,  by  the  author]!? 

c,i\tefaid,  that  in  confideiation  of  the  faid  #^///>?j  JVr/'s  making  and  finifhing  the  road  as  afcrefaid,  the  ferries  to  be 
kept  on  both  tides  of  the  notth-wttt  river  whkii  the  iaid  road  lcds  to,  as  alio  the  ferry  to  be  kept  on  both  fides  the 
north-cajt  river  oppoiite  to  market  Jlreet  in  the  borough  of  Wilmington,  and  all  pertjuifiics  and  profiis  arifing  there  from, 
are  hereby  veiled  in  the  fail  William  Ury,  his  heirs  and  alligns,  lorever  ;  and  the  faid  William  Dry,  his  heirs  and  al. 
figns  ,  mall  and  may  hereafter  receive  for  tranlporting  paifengers,  their  horles  and  effects,  over  each  of  the  faid  fer- 
ries, the  following  rates,  toivit,  for  every  loot  palfenger,  four  pence  ;  for  every  fingle  man  and  horfc,  eight  pence  ; 
and  when  more  than  one  man  and  horfe,  fur  each  man  and  horfe,  four  pence  ;  for  every  two  whf  el  carriage  and  its 
paifengers,  drawn  by  one  or  two  horles,  one  ihilling  and  four  pence  ;  for  every  four  wheel  carriage  and  its  paifengers, 
drawn  by  two  or  four  horles,  two  (hillings  and  eight  pence ,  for  every  horfe  in  the  two  wheel  carriage  more  that  two, 
in  the  four  wheel  carriage  more  than  four,  four  pence  each. 

V.  And  as  a  further  encouragement  to  the  laid  William  Dry,  to  cur,  make,  finifh,  and  keep  the  faid  road  and 
bridges  in  conljant  repair  ;  be  it  enacled,  by  the  authority  afore/aid,  that  ic  (hail  and  may  be  lawful  for  the  faid  William 
Dry,  n;s  heirs  and  alligns,  to  be  exempt  from  workiug  twenty  negroe  men  on  any  other  public  roads  in  this  province, 
for  anddunng  the  fpace  or  term  of  five  years,  from  and  after  the  pafling  of  this  aft,  and  no  longer. 

VI.  And  be  it  further  enacted,  by  the  authority  aforcfaid,  that  as  loon  as  the  faid  road  is  well  and  compleatly  finifh- 
ed,  and  bridges  built  as  aiorefaid,  the  faid  William  Dry,  his  heirs  or  alligns,  ihall,  from  time  to  time,  for  ever  thereaf- 
ter, at  his  or  their  own  expence,  keep  the  faid  road  and  bridges  in  fufficient  and  con  flam  repair  ;  and  in  cafe  the  faid 
William  Dry,  his  heirs,  executois,  ad  ninittrators,  or  alligns,  ihall  fail  or  neglect  fo  to  do,  he  or  they  fball  be  liable  to 
the  fame  pains  and  penalties  for  fuch  failure  or  neglect,  as  the  overfeers  of  any  public  road  are  liable  to  by  virtue  of' 
any  ad  or  acts  of  AlTembly  of  this  province. 

VII.  And  be  it  further  enacled,  that  if  any  perfon  or  perfons  Ihall,  for  fee  or  reward,  contrary  to  the  intent  and 
rneaning  of  this  act,  tranfport  or  carry  any  pe  ion  or  perlons,  their  horles,  carriages,  or  effects,  over  either  of  the 
branches  of  Cape  Fear  river,  in  order  to  his  or  their  patting  through  or  over  the  laid  lfland,  fuch  perfon  or  perfon3  fo 
offending  Ihall,  for  every  offence,  forfeit  and  pay  the  fum  of  twenty  [hillings  ;  to  be  recovered  by  a  warrant  from  any 
Jufl.ce  of  the  Peace  ;  one  half  to  be  paid  to  the  informer,  and  the  other  naif  to  the  faid  William  Dry,  his  heirs  or 
alligns. 

VIII.  And  be  it  further  mailed,  by  the  authority  afore/aid,  tbat  it  (hall  and  may  be  Jawful  for  the  faid  William  Dry 
to  make  life  of  any  timber  on  either  lideof  the  faid  road  that  may  be  necctfary  for  making  and  finilhing  the  fame. 

IX.  And  be  it  further  enacled  by  the  authority  afore/aid,  that  the  laid  William  Dry  his  hens,  executors,  adminiffrators", 
or  alligns,  mall,  as  Icon  as  the  laid  road  is  finilhed,  piovide  good  and  fumiient  boats,  and  other  proper  craft,  for  the 
tranlporting  of  all  travellers  and  their  effects,  and  for  ever  hereafter  ihall  keep  the  fame  in  Sufficient  and  conftant  re- 
pair, and  well  and  properly  attended,  under  the  penalty  of  twenty  pounds,  proclamation  money,  for  every  neglecf  ; 
one  half  to  the  perlon  filing  for  the  lame,  and  the  othe,r  half  to  be  applied  for  and  towards  leffening  the  couniy  tax  j 
to  be  recovered  in  any  court  of  record  within  the  counties  of  Brunfwick  or  A<?w  Hanover,  wherein  the  fame  is  cogni. 
zable. 

Chap.  XIII.  An  act  to  prevent  the  unreafonable  dejlruclion  offijli  in  the  rivers  Meherrin,  Peedee,  and  Catawba. 
I.   Y T 7HEREAS  many  avaricious  perfons,  by  fifhing  with  feveral  feins  at  the  fame  fifhing-place,  and  by  keeping  nets 
VV   extended  acrofs  the  rivers  Meherrin,  Pecdce,  and  Catawba,  prevent  the  filh  from  palling  up  the  faid  rivers,  fo 
that  the  inhabitants  living  on  the  upper  parts  of  faid  rivers  are  deprived  from  the  benefit  of  catching  filh  therein  : 

II.  Be  it  therefore  eno.clcd,  by  the  Governor,  Council,  and  AJJembly,  and  by  the  authority  of  the  fame,  that  it  (hall  not  bs 
lawful  for  any  perfon  or  perfons,  whatfoever,  from  and  after  the  palfing  of  this  act,  to  draw  or  filh  with  more  th'aji 
one  fein  at  any  one  filhing-place,  or  within  one  eighth  of  a  mile  of  each  ether,  on  the  faid  rivers,  at  a  time,  during  the 
feafon  for  hilling,  or  to  keep  a  net  or  fein  extended  and  fixed  acrols  either  of  them,  or  to  make  any  hedges,  flops,  or 
dams  on  the  fame,  to  hinder  or  prevent  the  filh  from  paifing  up  the  .'aid  rivers  ;  and  if  any  perfon  or  perfons  (hall  of- 
fend herein,  he  or  they  fhall,  for  every  fuch  offence,  forfeit  and  pay  the  fum  uf  ten  pounds,  proclamation  money  ;  to 
be  recovered  ty  the  informer,  in  any  court  of  record,  with  colls,  by  action  of  debt. 
, _ 

•V  George  III.     The  3d  of  May,  1765. 

Chap.  II.    An  ail  f.r  opening  and  catting  two  roads  from  the  Ferry  on  the  North- weft  river,  oppofite  Eagle'/  ifland,  iu 

Brunfwick  coi-nly,  and  other  purpofes. 
I.     VT7HEREAS  by  an  aft  of  Aflembly  lately  palled  at  Wilmington,  Wiliam  Dry,  Efq.  is  impowered   to  make  a 
VV    public  road  through  the  great  ifiand  oppefite  the  borough  of  Wiin-.ingion,  which  faid  road  is  nigh  opened  • 
and  as   it  is  neceffary  that  two  roads  (hould  be  laid  off' and  made  from  the  ferry  on  the  Nortb-weJ?  r'.vert  leading  from 
the  laid  new  road,  one  towards  Brunfwick ,  the  other  upwards  into  the  main  road  : 

II  Be  it  therefore  enaclea,  by  the  Lieutenant-Governor,  Council,  and  Affimbly,   and  by  the  authority  of  the  fame,  that 


47 

the  inferior  court  of  Brwifwick  county  (hall,  within  three  months  after  the  paffing  this  aft,  nominate  and  appoint 
twelve  men  to  lay  out  the  faid  roads  ;  and  the  perfons  fo  appointed,  or  the  majority  of  them,  tin!!,  within  two 
months  afrer  their  appointment,  lay  out  the  faid  roads,  from  that  part  of  the  North-weft  river  oppolite  the  road  through 
Ejgk's  ifland  :  one  road  leading  fov  ards  Brunfmck,  the  other  towards  liLdcii county,  each  ro  itnerfect  the  main 
read  the  belt  and  neareit  way  :  and  it  any  perfon  appointed  to  lay  out  the  faid  roads  (hall  refnfe  or  neglect  to  per- 
form the  fame,  he  (hall  forfeit  and  pay  thefum  of  five  pounds,  proclamation  money  ;  to  be  recovered  by  anv  perfon 
who  fliall  fue  for  the  lame,  by  adtion  of  debt,  brought  in  the  name  of  the  chairman  of  the  inferior  court  of  Brunf- 
•uici  county  ;  which  money,  when  recovered,  fliall  be  paid  to  the  chairman  of  laid  court,  and  by  him  be  applied  tow- 
ards making  ihe  laid  roads. 

III.  Ana  be  a  further  ena  ft  cd,  by  the  authority  af ore/aid,  That  the  faid  inferior  court  lhall,  within  fix  months  after 
the  palling  01  this  act,  appo:nc  an  overleer  cr  overleers,  as  they  lhall  think  re  quiiite  :  And  in  tale  the  perlons  liable 
to  work  on  the  laid  roads  in  the  dillrict  where  the  fame  is  to  be  made  fhould  not  be  lufficient  to  make  and  finifli  the 
lame,  the  laid  court  is  hereby  impowered  and  direfted  to  order  any  number  of  hands  they  lhall  think  neceflary,  out  of 
any  other  diitnetor  difiricts  within  their  county,  toalfift  ill  making  and  finilhing  the  fame,  under  the  penalty 'of  one 
hundred  pounds,  proclamation  money  ;  to  be  recovered  by,  aud  paid  to  any  perfon  l'uingfor  the  fame  ;  one  half  tp 
his  own  ule,  and  the  other  halt  to  be  by  him  applied  for  and  towards  makirg  the  laid  roads  ;  and  the  overleer  or  o- 
verfeers  appointed  by  the  laid  com  t  lhall,  and  are  hereby  veiled  with  the  fame  powers  and  authorities,  and  liable  to 
the  lan.e  penalty,  as  any  overleers  of  reads  are  veiled  with,  or  liable  to  .-  and  the  overleer  or  overfeers  fo  appointed, 
lhall,  within  eighteen  months  alter  their  appointment,  make  and  linilh,  or  caule  to  be  made  and  finifhed,  the  faid 
roads,  with  all  ondges  that  may  be  neceflary,  under  the  penalty  of  fifty  pounds,  proclamation  money,  each,  to  be 
recovered  by  any  p.  rfon  luing  lcr  the  lame  ;  one  half  to  his  own  ufe,  and  the  other  half  to  be  paid  to  the  chairman  of 
the  inferior  court  oi  Brun/-wick  county ,  to  be  by  him  applied  for  and  towards  compearing  the  faid  roads. 

IV.  And  be it  further  enafted,by  the  authority  afore/aid,  that  no  perfon  whatever  reliding,  or  to  relide  on  the  faid 
ifland,  fliall  be  licenced  to  keep  any  tavern,  ordinary,  or  tippling  houfe  thereon,  within  one  mile  of  the  faid  road,  o. 
ther  than  at  the  letry  houles. 

V.  And  to  enable  the  laid  William  Dry  to  make  a  good  and  fu.fficient  raufe-way  through  the  faid  ifland,  oppoflte  to 
Wilmington  ;  Be  it  enuEled,  by  the  authority  af  or  ejaid,  that  the  laid  William  Dry ,  his  fervants  or  flaves,  fliall  and  may, 
at  all  times  hereafter,  make  ufe  ol  any  earth,  dirt,  orfand,  neceflary  in  making  and  repairing  the  caufe-way  afore* 
faid,  from  off  any  perfons  land  adjacent  thereto,  without  any  let,  hinderance,  or  moltftation  whatever. 


VII  George  III.     The  3d  of  November,  1766. 


Chap.  XV.   An  aft  to  amend  an  aft,  intituled,  an  ait  for  eftablilhing  a  town  on  the  land  formerly  granted  to  William 

Churton,  gentleman,  lying  on  the  north  fide  of  the  Enoe  river,  in  the  county  of  Orange,    p.   -j6. 
I.   IT  /HEKEAS  the  erecting  and  eftablilhing  a  town  in  the  county  of  Orange,  ha?  been  found  ferviceable,in  promo- 
VV  ting  inland  trade  and  commerce  in  the  we/rern  part  of  this  province  :   and  whereas  the  act  of  Aflembly  palled 
at  Ne~ji)ben:t  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  fifty  feven,  for  eftablilhing  the  fame,  is  found  to 
ftand  in  need  of  many  alterations  and  amendments  : 

II.  Be  it  therefore  enafted,  by  the  Covernr,  Council,  and  Affembly,  and  by  the  authority  cf  the  fame,  that  tie  four 
hundred  acres  ot  land  by  faid  aft  conltituted,  elected,  and  eftablifhed  a  town,  and  town  common,  by  the  name  oiChildf. 
iurg,  fliall,  from  and  after  the  palling  of  this  act,  be  known  and  called  by  the  name  of  HiliPjorough. 

III.  And  be  it  further  enafted  by  the  authority  aforefaid,  that  forever,  after  the  palling  of  this  act,  the  courts  of  the 
county  of  Orange,  the  eledtion  of  reprefentatives,  and  the  .election  of  veftrymen,  fliall  be  held  in  the  town  of  Hill/bo- 
rough •  atid  at  no  other  place  ;  any  law,  ufage,  or  cuftom,  to  the  contrary  notwithftanding. 

IV.  /Ind  be  it  further  enafted  by  the  authority  aforefaid,  that  no  fuit,  writ,  or  other  procefs,  that  is,  or  fliall  be  made 
returnable  to  the  next  inferior  court  of  plets  and  quarter  fellions,  to  be  held  for  the  county  of  Orange,  after  the  pal- 
fuig  of  this  act,  iha:l  be  abated  or  vacated;  or  any  bail  bond,  recognizance,  or  other  inftrument  ofwtiting,  become 
void  or  invalidated  ;  but  the  fame  fliall  be  good,  available,  and  effectual  in  law,  to  every  intent  and  purpofe  whatlo- 
ver,  as  if  the  alteration  of  the  name  of  the  faid  town,  and  town  common,  had  never  been  made. 

V.  dnd  be  it  further  enafted,  by  the  authority  aforefaid,  that  fo  much  of  the  before  recited  act  (except  as  hereafter 
excepted)  lhall  be,  and  is  hereby  declared  to  be  of  the  fame  force,  effect,  and  validity,  in  relation  to  the  laid  town  and 
town  rommtn,  as  if  the  fame  had  originally  been  called  by  the  name  of  Hill/borough. 

VI.  And  Be  it  further  encSled,  by  the  authority  aforefaid,  that  it  fliall  and  ma\  be  lawft  Ifor  the  treafnrer  of  the  faid 
town,  and  his  fucceffcrs  in  office,  for  the  confideration  cf  twenty  (hillings,  proclamation  money,  to  make  an  entry  of 
am  lor  ot  land  therein  lying  vacant  or  unimproved  (except  thole  lots  reierved  bv  the  aforefaid  act  of  Afleir.'oly  to 
William  ( turtct.;  E'.q  ;  and  fuch  fpring  lots  as  the  directors  aid  iruiiees  of  the  laid  town,  and  their  fuccefTors,  lhall 
think  fit  and  convenient  to  be  referved  and  left  free  to  the  inhabitants  of  the  faid  town  to  be  fupplicd  with  water  ; 
and  the  lot  Kc.  I.  in  the  plan  of  the  faid  town,  which  is  hereby  refert  ed  for  the  ufe  of  the  public,  as  a  place  for  mar- 
jket-luuile,  eourt<houfe;  prifon,  pillory  and  flocks  j  and  alio,  lu'.h  lots  as  lhall.  ov  any  be  thought  neceflary,  to  be  ra^ 


43 

iervcdby  the  directors  of  faid  town,  and  their  fucceflbrs,  tor  ere&ing  thereon  a  church  and  fchool- houfe,  and  for  a 
church-yard  :)  and  the  faid  directors  and  truffees,  or  a  majority  or  them,  fliall,  at  the  expiration  of  two  years  from  the 
date  of  making  the  entry  with  the  trealurer  as  aforefaid,  make  and  execute  a  deed  for  granting  the  lame,  to  the  per- 
ion  making  the  entry,  his  heirs  and  alhgns,  tor  ever,  at  the  coih  and  charges  of  the  perfon  to  whom  the  fame  fhall 
be  conveyed  ;  he  paying,  over  and  above  the  entry  motley,  eight-penca,  proclamation  money,  annually,  for  eichancl 
every  lot  that  fhall  be  fo  conveyed  ;  which  (hail  be  applied"  by  the  faid  commi  (loners,  and  their  fucceflbrs,  to  the  pay- 
ment of  the  q  lit-rents  due,  or  hereafter  to  be  doe  to  the  Earl  of  Granville,  his  heirs  and  afligns  ,  and  if  any  overplus 
be  remaining,  the  lame  fhall  be  laid  out  for  the  benefit  and  injprov*  ment  of  the  faid  town  ;  and  every  perfon  claiming 
any  lot  or  lots  by  virtue  of  any  fuch  conveyance,  fhai!  and  may  hold  and  enjoy  the  lame,  in   fee-Shiple. 

VII.  Provided  neverlhelefs,  that  all  and  every  perfon  wha  hereto!  »re  ha  ,  or  hereafter  may  make  an  entry  of  any 
lot  or  lots  in  the  faid  town,  Ih  til,  within  two  years  nest  after  the  day  of  catering,  an  J  taking  up  of  the  fame,  erect-, 
build,  and  finim,  on  ea;h  lor  fo  entered,  one  brick,  fbae,  or  framed  houfe,  at  leaft  twenty  feet  long,  Gxteen  feet  wide, 
and  nine  feet  pitch  in  the  clear,  with  a  brick  or  If ane  chimney,  or  proportionable  to  fuch  dimenfions,  if  fuch  perfon 
fhall  have  two  lots  contiguous  :  and  if  the  owner  or  taker  up  of  any  lot,  ihall  fail  to  purine  and  comply  with  the  direc- 
tions in  this  act:  prelcnbed,  for  building  and  Snifhing  a  houfe  thereon,  then  the  property  of  fuch  lor,  upon  which  fuch 
houfe  lhall  not  be  built  and  fimfhed,  (hall  be  and  continue  in  the  faid  directors  and  truflees  ;  or  a  majority  of  them  may, 
and  are  hereby  impowered  and  authorifed,  to  fell  fuch  lot,  by  public  lale  or  otherwise,  for  the  bell  price  that  can 
be  had  ;  and  the  purchaler  of  any  fuch  let  or  lots  complying,  in  all  thing',  \x ith  the  di.eclions  and  regulations  belore 
in  this  act  prelcnbed,  with  refpect  to  building  and  finilhing  of  a  houfe  or  houfes  on  the  faid  lot  or  lots  ;  otherwife  the 
lame  may  be  fold  to  any  orher  perfon  or  perfons  under  :he  like  conditions  :  and  in  caic  ot  therefufa!  or  neglect  of  any 
perfon  who  fhall  or  may  take  up  any  lot,  or  purchafe  iiir  ground  in  faid  town,  10  pay  the  fum  agreed  for,  the  fa  d  di- 
rectors, or  their  (ucceflors.  fhall  and  may  ctmmence  and  prolecuie  aluit  in  their  own  sanies  for  the  fame,  and  r&« 
ccver  judgment  therein,  with  cells. 

VIII.  And  whereas  by  the  plan  of  the  fait!  town,  thirty  three  feet  fqujre,  or  two  fqjiare  poles  of  ground,  are  ta- 
ken from  the  front  corner  of  each  c  >rner  lot  at  the  eroding  or  interfeclion  of  each  miin  flreet  in  the  laid  town  -,  an4 
as  it  can  be  of  no  public  ufe  or  benefit  whatfoever,  to  have  that  qaanity  of  ground  taken  as  aforefaid  fr&m  each  ccr- 
ncrlot  ; 

IX.  Belt  enap'd,  by  the  Governor,  Council,  and  Affembly,  and  by  the  authority  of  the  fame,  that  the  directors  and/ 
truitees  ol  t!.e  laid  town,  or  the  majority  of  them,  Are  hereby  aotiiorifed,  impowered,  and  required,  on  or  before  th# 
fourteenth  day  of  January  next  a'ter  the  palling  this  act,  to  lell,  io  the  highelt  bidder,  nor  exceeding  ten  pounds,  pro., 
clamation  money,  each  and  every  one  oi  the  faid  pieces  of  ground  of  the  dimenfions  of  two  fquare  poles,  which  accor- 
ding to  the  plm  of  the  laid  tovvn,  were  taken  from  the  front  corner  oi  each  corner  lot  (tc;a  days  previous  notice  being 
given  of  fuch  fale)  and  the  faid  directors  and  truflees,  or  a  majority  of  them,  are  hereby  author, led  and  required,  to 
Biake  and  execute  one  or  more  d;ed  or  deeds,  for  granting  aid  confirm!]  g  ihe  fime  to  fuch  purchafer  tr  purchafers, 
his  or  their  he.rs  andaflijjns  for  ever,  at  the  cutt  and  charges  of  the  grantee  or  grantees  to  whom  the  lame  iivill  be 
conveyed. 

X.  Provided  always,  th  it  in  (he  fale  of  the  two  Iquare  pole?  of  ground  adjoining  the  lot  number  twenty  fix,  ths. 
preference  fliall  be  and  is  hereby  allowed  10  Mr.  William  V«»/»,  in  cate  he  will  give  as  much  as  any  other  bidder,  net 
exceeding  ten  poinds,  proclamation  money  ;  the  fane  privilege  is  granted  to  Mr.  James  Young,  in  the  iale  of  the 
fquare  adjoining  the  lot  number  twenty-five  ;  and  alio  the  like  privilege  is  granted  to  Mr.  Edmund  Fanning,  in  the 
lale  o!  the  fquare  a djoining  me  lot  number  fix  in  the  plan  of  the  laid  towa. 

XI.  Provided,  that  it  fhajl  not  be  lawful  lor  the  laid  directors  and  in  flees  of  the  f.iid  town  to  fell  or  difpofe  of"  the 
front  corner,  or  any  part  of  the  lots  relerveJ  to  the  aforefaid  William  CLurton,  or  to  the  ufe  of  the  publk,  b>  this  or 
the  before  recited  acl,  or  the  corner  of  any  lot  hereafter  ta  be  taken  up  in  laid  town  ,•  but  that  the  .wo  fquare  poles  of 
ground  be  deemed  part  of  the  fain  lot  to  wlmh  it  joins. 

XII.  And  whereas  theallowing  or  hogs  and  geefe  to  run  at  large  in  the  faid  town,  is  found  to  be  a  great  nu'ance  to 
the  inhabitants  ;  be  it  c>iaSIidJ  by  ihe  authority  aforefaid,  that  none  cf  the  inhabitants  of  the  laid  town  fliall,  on  any  pre. 
tence  whatlcever,  Suffer  ai>y  of  their  hogs  or  geefe  to  run  or  be  at  large  within  th:  bounds  of  the  faid  town  ;  and  any 
hog  or  hogs,  gooli  or  geefe,  running  at  large  in  the  faid  town,  lhall  be  forfeited  to  any  perfon  wiio  lhall  itize  or  kill 
the  lame. 

XIII.  And  be  it  further  enacleU,  by  the  autlnrily  aforefaid*  that  from  and  after  the  ratification  of  this  act,  it  fliall  and 
maybe  lawful  tor  the  Jultx-.  s  of  the  county  of  Orange, y?sa\y,  to  appoint  loine  proper  perfon.  inhabitant  of  the  faid 
town,  oxerfeer  of  the  lame  ;  which  overfeer  fo  appointed  ih.'l,  as  onen  as  there  lhall  be  occafion,  luminous  the  male 
taxablct,,  inhabitants  1 1  tl.e  faid  town,  toclear  and  repair  the  ltreets  the  reof,  and.  remove  ai  y  •uiai.ie  cr  unfancfis 
within  the  fane;  aid  it  any  luch  male  taxable  (except  fich  as  are  exempted  by  lav  1n  :n  working  on  pubic  ro  >ds) 
flia.il  fail  or  ref ufe  to  appear  on  fuch  (amnions,  and  work  in  the  laid  town,  ai  (tich  times  and  places  as  the-over  leer  fhail 
direct  (two  days  notice  being  given  belore  the  day  appointed  for  working]  u  h  perfon  lo  neglecting  or  refilling,  or  the 
mailer  or  nultrels  ot  fuch  pcrlon  lhall  forfeit  and  pay  the  I  mi  ol  two  llnllijvos  a.  d  eight  peine,  proclamation  money, 
for  every  day  he  fhall  lo  neglect  tr  reful'e  ;  ro  be  recovered  by  a  v .  rr  mi  from  anv  Juilice  of  the  f'eacc  of  the  laid 
county,  and  applied  to  the  Uie  ot  employing  ptrlons  to  vvxnk  and  keep  the  fl.iv.eis  ot  the  laic  tuvui  clear  and  in  good 

grdtr. 


49 


XIV.  And  bi  it  further  enaeled,  by  the  zul'inty  aforefaid,  that  the  inhabitants  of  Mill/borough  fliall  bs,  and  are  lor 
the  future  exempted  from  wonting  on  any  of  the  pu   tic  roads  v.  ithin  this  province. 

XV.  And  be  It  further  cnaclcd,  iy  the  authority  afore/aid^  thet  tne  llui-it"  ot  the  crunty  of  Orange,  the  clerk  of  the 
court  of  the  laid  county,  the  rcg  ftei  of  the  fatd  coiinty,  and  th-lr  lucceflbrs,  fliall,  daring  their  continuance  in  office, 
hold  and  keep  their  refpeftive  offic  6  in  the  aid  town  oi  HiEfborough  ;  -no  that  ii  any  ot  the  faicj  officers  lb  all  neglect 
or  refufe  fo  to  do,  each  of  tliem  io  neglecting  or  refilling  lha;l,  for  every  nioir.h  he  fhal!  fo  fail,  forfeit  and  pay  the  futn 
of  twenty  (hillings,  proclamation  r.ioney,  to  he  recovered  before  any  jurifth(ftion  having  cognisance  thereof  ;  one  half  to 
the  informer,  and   the  other  n^if   to   the  directors  of  the  /dd  icwn  ;   to  be  applied  to  the  ule  and  benefit   of  the  laid 


town. 


XVI.  And  be  it  furthr  enacled,  by the  authority  aforefaid,  that  the  diredtrs  and  truftces  for  the  time  being,  or  a 
majority  of  them,  lhall,  and  are  htreby  impowered.  to  pal's  any  order  they  may  judge  proper,  for  preventing  nortar, 
clay,  or  wooden  cKimnfes,  being  built,  and  pulling  dow  i  fucii  are  already  built  (it  thought  to  be  a  nufance)  for  making 
the  people  keep  their  chimnies  clean,  and  raiting  them  to  a  proper  lie  gilt,  lor  obliging  all  perfors  to  clean  the  llreets 
before  their  boufes,  and  for  all  other  things  tor  the  good  and  fjiety  ol  tile  la  d  town,  and  the  proper  regulation  of  it, 
confidently  with  the  laws  of  this  province  i  ai;d  to  enforce  fuch  orders,  by  laying  a  fine,  not  exceeding  forty  fhiliings, 
proclamation  mone",  on  all  perfons  neglecting  or  nfulin^  to  comply  therewith. 

XVII.  AnX  be  it  further  enacted,  by  the  authority  aforefuidt  tha,.  the  d:rr  ctors  ard  truftees  of  the  faid  town,  or  a  ma- 
jority  of  them,  lhall,  as  often  ar  they  lhall  think  proper,  appoint  a  town  clerk,  and  Lhall  keep  a  town  bock;  in  which 
lhall  be  entered  the  time  of  taking  the  entries  of  lots,  and  the  orders  they  may  make,,  the  account  of  the  monies  they 
have  received,  or  hereafter  m  .y  rec  i'e,  the  manner  of  applying  fuch  money,  and  the  funis  remaining  in  hand,  under, 
the  penalty  ot  fifty  punds,  pror  I  ami' ion  money  ;  to  be  recovered  by  any  per.'on  who  lhall  or  may  lue  for  the  lame, 
in  any  court  in  tms  prov  nee  iuvmg  jurifdiftion  thereof  ;  one  half  to  theprolecuior,  the  other  half  to  the  ule  of  the 
faid  town. 

XV I II.  Andb  it  further  enacl.d.  bv  the  authority  aforefaid,  that  all  the  monies  aiifingby  the  fale  of  any  ground,  or 
taking  up  of  an>  ioi  in  'he  laid  to\.  n,  or  any  other  wi\ ,  by  virtue  of  this  or  the  before  recited  ad,  be  appropriated, 
laid  on,  and  app.  Cj!  ;o  fich  ule  >>r  utes  as  the  laid  directors,  or  a  majority  of  them,  fliall  think  convenient,  for  the- 
bet  c.f,  encouragement  of  tne  Hjid  town. 

A  X.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  fixth  and  feventh  leftions,  and  fo  much  of  the 
fecon  J  and  third  lections,  of  the  before  recited  act,  as  is  repugnant  to  this  aft,  be,  „nd  is  hereby  repealed,  and  made 
nuii  and  void.. 

Chap.  XIX.  An  arl  fir  eJfabRJlnng  a  fchool  houfe  Hi  the  town  ofKe^hern. 
I.  TT  7HER  EAS  a  number  of  well  difpoled  perf -.!:,  taking  mtj  coutiderat  ion  the  gre  >c  neceliity  of  having  a  pro.. 
V V  perfchool  or  public  feminajv  jf  learning eth  bliibed,  whereby  theriGng  generation  may  be  brought  up  and, 
inftructed  in  the  principles  of  the  chriitian  religion,  anf  hired  tor  the  f.  .  erJ  <  likes  and  purpolH  of  lile,  have,  at  a 
great  expence,  ereftcd  and  bui't,  in.  the  town  of  Newbcm,  a  ar.v  ei.iem  hoti.e  kr  thr  p-nrpofes  ai<  rclaid  ;  and  being 
deiiruus  that  t!ie  fane  may  be  ciUbhlhed  by  law  an  a  permanent  footing,  fo  as  to  anjfw cr  the  good  purpoies  by  the 
Qnd  perfons  intended  :     \  II.   o   III.  Obfok-te. 

1  V.  Ar.ibe  it  further,  enabled,  by  the  authority  a  fore f  id,  thst  one  lot  of  land  in  the  town  of  yewbern,  lately  purcha- 
fed  tro:n  William  B.iftin  IVhirfon",  by  the  proprietors  of  tie  afore  frid  Iciiool  houie,  and  whereon  they  have  erected 
tiie  lame,  be  fron  henceforch  veited  in  the  trullces  by  this  aft  incorporated,  and  their  fucceffors,  for  ever,  in  trull, 
a  id  confidence,  to  and  for  the  ules  and.purpofes  by  the  laid  locjety  intended.     $  V.   VI.    cir  VII,  Obfoltte. 

VUI.  And  be  it  further.  en;ic7edt  by  the  authority  aforcfa'.d,  that  an  aft  of  atTenibly  paff.d  at  Wilmiagtan,  in  cr.e  thru- 
fcnd  le/en  hundred  aod.fixty  fovu'-j  intituled,  An  ail  for  building  a  houfe  for  afeboot,  and  the,  rejidtnee  of a  fchoolmujler, 
in  the  town  of  Ne«vber.j,  be,  and  is  hereby  lepealed  ;  and  ihe  piece  or  parcel  o  ground  mentioned  in  the  laid  aft, 
being  half  of  two  lots  k  loiva  in  the  plan  of  the  find  town  bv  the  numbers  fifty  nine  and  fixty,  beginning  at  the  cot- 
tier of  Craven  and  Po!!ok-i\reets,  and  running  along  PoZ/sifc-ftrcet  fix  and  a  half  pole  ;.then  acrolo  laid  two  lots  fifty 
nine  and  fixty,  m-a  prarallel  line  withjO  aven-ltreet,  thirteen  poles  to  the  north  lide  of  lot  number  fixty  ;  then  along 
t|ie  faid  Jjt  fix  and  a  half  poles,  to  Craven  iirtex  ;  then  along  Graven  ltreet,  thirteen  pries,  to  the  bf  ginning  :  alio, 
two  lots  of  land  in  thi  faid  town  of  Ne-jobern,  adjoining  the  lad  fchool  houfe,  known  in  the  plan  ot  the  faid  town  by 
the  nu.ubers  t'.ree  hundred  and  thirteen  and  three  hundred  and  twenty  liven,  which  are  hereby  veiled  in  the  truf. 
tees  bv  this  aft  to  be  appointed,  and  to  their  fucceil'ors,  forever,  in  trufi  and  confidence,  to  and  for  the  ufs  of  the 
laid  fchool.     The  rejl  Obfoiete.. 

- ii         — i .  —  ii.  ■ , ,  .  „         ,  — 

Chap.  XXII./^j  ail  to  amend  an  scr,  intituled 'an  aft  for  ellaMifliing  the  titles  of  the  freeholders  in  Edenton^ox  laving  a  ra»* 
for  finilhing  the  church  begun  in.the  fiiJ  to.vn,and  for  the  tu.-ther  improvement  and  better  regulation  thereof,  p'.  16, 
J»    VX7HErtEAS  tince  the  paffi  ig  o-  the  above  mentioned  act   fotne  of  the  commiffioners  hereby  appointed  and  n  o. 
%f\   rainated  have  removed  iheuifejves,  and  ythers  are  dead  ;  by  wh.cli  means  it  becomes  neceflary  that  other* 


5° 

fhould  be  appointed,  in  order  that  a  fucceflion  of  them  maybe  continued,  to  anrwerfhe  purpofes  of  the  afore  mention, 
ed  act  : 

II.  Be  it  therefore  enacled,  by  the  Governor,  Council,  and Affembly ',  and  by  the  authority  of  the  fame,  that  from  and  after 
the  palling  of  this  aft,  Jofeph  Blount,  William  Lovither,  Samuel  Johnflon,  Jofeph  Hewes,  and  George  Blair,  gentlemen, 
and  every  of  them,  be,  and  are  hereby  conftituted  and  appointed  commifiioners  for  the  town  of  Edenton  aforefaid,  who 
ihall  have,  exerrife,  and  enjoy,  the  fame  powers,  rights  and  privileges,  as  the  commiffioners  by  the  before  recited  ad, 
did  or  might  have  exerciled  and  enjoyed  ;  and  that  in  cafe  of  the  death  or  removal  of  the  treafurer,  or  any  of  the 
commifiioners  out  of  the  county  of  Chowan,  the  eldeft  ccmmillioners  Ihall  f  ucceed  to  the  laid  office  of  treafurer,  and 
other  commiflioner  or  comrmllioners  fhall  be  cholen,  in  manner  as  by  the  laid  act  is  directed. 

III.  And  be  it  further  enacled,  by  the  authority  afoiefald,  that  every  grantee  of  a  lot  or  lots  heretofore  granted,  fhall, 
within  four  months  after  the  palling  of  this  acl,  clear  and  grub  up  Inch  lot  or  lots,  under  the  penalty  of  tea  lbilluigs 
for  each  and  every  lot  which  by  that  time  fhall  not  be  cleared  or  grubbed  up  ;  and  that  the  grantee  of  every  lot  here- 
after to  be  granted  fliall  alio,  within  four  months trom  the  date  of  his  deed,  alio  clear  and  grub  up  his'lot  or  lots,  under 
the  penalties  aforefaid  •  to  be  recovered  and  applied  in  Inch  manner  as  penalties  by  the  al ore- mentioned  act  are  reco- 
verable and  applied. 

IV.  And  whereas  the  fuffering  of  hogs  and  geefe  to  run  at  large  in  the  faid  town  is  found  to  be  injurious  to  the 
properties  of  the  inhabitants  theieof,  be  it  therefore  enabled,  by  the  authority  aforefaid,  that  none  of  the  inhabitants  of 
the  faid  town,  fhall,  within  two  months  after  the  palling  of  this  ad,  fuffer  any  of  their  hogs  or  geefe  to  run  at  !a~ge 
within  the  bounds  of  the  faid  town  ;  and  any  hog  or  hogs,  goole  or  geefe,  running  at  large,  fhall  be  forfeited  to  tre 
commifiioners  ;  and  the  lame,  by  an  order  from  one  of  them,  under  his  hand,  direded  to  the  conltable,  be  by  him  lold 
to  the  highelt  bidder,  for  the  benefit  of  the  faid  town. 

V.  And  for  the  prevention  of  fire  in  the  laid  town,  be  it  enacled,  by  the  authority  aforefaid,  that  every  l.oufekeeper 
fhall  fweep,  or  caitfe  to  be  l'wept,  the  chimnies  of  his  dwelling-houfe,  ftore  and  kitchen,  at  lead  once  in  every  month, 
between  the  months  of  Cclober  and  April,  under  the  penalty  of  twenty  ihillings  for  every  chimney  fo  unfwept  within 
the  time  aforefaid  ;  to  be  recovered  by  a  warrant  from  under  the  hand  of  any  one  or  the  roinmiflipners,  and  applied 
for  the  benefit  of  the  faid  town  :  and  in  cafe  the  chimney  of  any  dwelling-houfe,  ftore,  or  kitchen,  Ihall  catch  on  fire 
through  neglect  in  manner  before  directed,  in  the  faid  town,  the  pofletfbr  of  fuch  houfe,  (tore,  or  kitchen,  fhall  pay  to 
the  commifiioners  of  the  faid  town  the  funu  of  five  pounds  ;    :o  be  recovered  and  applied  in  manner  as  before  direded, 

VI.  And  whereas  it  frequently  happens  thst  mafters  of  veflels,  not  belonging  to  the  province,  bring  their  veflels 
to  the  public  wharfs  already  erected  in  the  faid  town,  and  there  vend  and  retail  their  cargoes,  and  have  the  benefit  of 
the  laid  wharfs  ;  be  it  therefore  enaclid,  bv  the  authority  aforefaid,  that  every  malter  of  a  vefle)  not  belonging  to  the 
province,  or  diredly  from  Great  Britain,  (hall,  for  each  and  every  day  he  fhall  lie  with  his  faid  vcfTel  at  any  one  of  the 
laid  wharfs,  pay  to  the  comniillioners  of  the  faid  town  the  fum  of  two  fliillings  per  day  ;  and  in  failure  of  payment 
thereof,  the  fame  fhall  and  may  be  levied  upon  the  body,  01  goods  and  chattels,  of  the  delinquent,  by  a  warrant  from 
under  the  hand  of  any  one  commiflioner,  directed  to  a  conitable  ;  and  the  money  be  applied  as  before  directed. 

VII.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  within  two  months  after  the  palling  of  this  ad,  any 
occupier  of  any  lot  or  lots  whereon  now  is,  or  fhall  be  builr,  any  habitab'e  houle,  fliall  have  a  ladder,  of  a  proportion- 
able length  to  the  height  of  his  houfe  ;  which  faid  ladder  Ih.dl  be  conftanttv  kept  up  againft  his  houle,  that  in  cale  of 
fi~e,  relief  may  be  immediately  afforded,  under  the  penalty  of  twenty  fhillings ;  to  be  recovered  and  applied  as  aforc- 
laid. 

Chap.  XXVIII.   An  atl  to  encourage  Benjamin  Heron,  Ffq  ;   to  build  a  bridge  over  the  north  eaft  branch  of  Cape  Fear 

river,  at  or  near  the  place  where  the  ferry  is  now  kept  by  Edward  Davis. 
I.  ^T7HEKEAS  a  bridge  over  the  north-eaft  branch  of  Cape  Fear  river,  at  or  near  the  place   where    the   ferry   is 
V  V  now  kept  by  Edward  Davis,   would  be  much  for  the  conveniency  cf  all  travellers  ;  and  as  the    land  on    both 
fides  the  river  belongs  to  Benjamin  Heron,   Efq  ;   the  faid  Benjamin  Heron  is  defirous  of  building  a  bridge  there  at  his 
own  expence,  on  condition  that  the  benefit  thereof  be  veiled  in  him,  his  heir?  and  adigns,  for  ever  : 

II.  Be  it  therefore  enacled,  by  the  Governor,  Council,  ar.d  Affembly,  and by  the  authority  of  the  fame,  that  it  fhall  and 
may  be  lawful  for  the  faid  Benjamin  Heron,  his  heirs,  executors,  ad'minilfrators,  or  alligns,  to  erect  and  build  a  good, 
ftrong,  and  fubftantial  bridge,  overthe  north-eaft  branch  of '  Ci.pe-Eear  river,  as  near  as  he  conveniently  can  to  the 
place  where  the  ferry  is  now  kept  by  Edward  Davis  ;  which  bridge  fliall  have  cue  wide  arch  of  thirty  feet  for  rafts 
and  pettiauguas  to  pafs  through,  and  fix  feet  high  above  high  water  mark,  and  be  made  to  draw  up  occalionally,  for 
the  navigation  of  veflels  of  larger  burthen  ;  «'nd  after  building  and  ereding  the  faid  bridge  as  aforefaid,  it  Ihall  and 
.may  be  lawful  for  the  faid  Benjamin  Heron,  his  heirs,  executors,  adminillrators,  or  alfigns,  to  keep  a  lufficient  gate 
thereon,  ar.d  take  and  receive  from  all  perlons  that  fliall  pafs  over  the  lame  at  the  following  rates,  that  is  to  fay  ;  for  e- 
very  man  and  hoi  fe,  fix  pence  ;  tor  every  four  wheel  carriage,  drawn  by  tv  o  horfes  cr  oxen,  two  fliillings  ;  and 
for  every  two  wheel  carriage,  drawn  by  one  or  two  horfes  or  oxen,  one  (hiding  ;  and  lor  every  horfe  or  ox  more, 
four  pence  each  ;  and  for  every  head  of  neat  cattle,  three  half  pence  ;  and  for  every  twenty  hogs  or  fheep,  eighteen 
yence,  and  jo  in  proportion  for  a  greater  or  leli'er  number  of  hogs  cr  fheep ;  and  for  all  travellers  on  foot,  four  pence 
each. 


5l 

'•  III.  And  be  it  further  cnacled,  by  the  authority  aforefcid,  that  after  the  faid  bridge  is  fo  built  and  completely  erect- 
ed as  aforefaid  (provided  it  Hull  be  compleated  within  tour  years  after  tiie  palling  this  actj  it  fliall  not  be  law  lul  for  a- 
ny  perfon  whatlbever  to  keep  any  ferry,  build  any  bridge,  or  let  any  perfon  or  per  Ions,  carriage  or  carriages,  cat- 
lis,  hogs,  or  fheep,  over  the  faid  river,  for  fee  or  rev^rd^  within  lis  miles  of  the  Fame,  ur.der  the  penalty  of  twenty 
Ihillings,  proclamation  money,  for  each  and  every  offence  ;  to  tie  recovered  by  a  warrant  by  the  (aid  Benjamin  Heron, 
his  heirs,  executors,  adminiitrators,  or  alligns,  before  any  magistrate  of  the  county  ot  Ne:v  Hanover  ;  to  be  applied 
to  the  ul'e   of  the   proprietor  of  the  faid  bridge,  at  the  tune  of  the  offence  being  committed. 

IV-  And  be  it  Ha'tber  enaiied,  by  the  authority  aforefaid,  that  when  the  laid  bridge  lhall  be  built  and  erected  as  a. 
forelaid,  the  faid  Benjamin  Heron,  his  heirs,  executors,  adminiitrators,  or  alligns,  iha',1  for  ever  thereafter  keep  the 
fame  in  good  order,  and  fit  fur  palling  over  ;  and  in  cafe  of  any  neglect,  fhall  be  fubject  to  the  fame  pains  and  penalties 
as  other  keepers  of  public  bridges  and  ferries  are  liable  to  by  the  laws  of  this  province. 

Chap-  XXIX.  Ant.il  for  confirming  a  ieafemade  by  the  Tuftarora  Indians  to  P.cbert  Jones,  jun.   William  Williams, 

and  Thomas  Pugh,  Ef quires. 
I.  V  T7HEREA5  a  number  of  the  Tufcarora  Indians,  being  defiruus  of  removing  themfelves  from  their  landson/?orf- 
VV  noke  river,  in  Bertie  county,  in  this  province,  and  fettling  and  incorporating  thcmfelVes with  the  nations  of 
Indians  on  the  river  Sufqueh.\nnah  ■  and  whereas  the  faid  Tufcarcra  Indians,  in  order  to  defray  the  expence  of  remo- 
ving themfelves  and  their  effects  from  this  province  to  the  fettlements  on  the  faittriver  Su/quehannah,  did,  on  the 
twelfth  day  of  July,  in  the  year  one  thouland  leven  hundred  and  fixty  fix,  for  the  conlideration  of  fifteen  hundred 
pounds,  proclamation  money,  before  that  time  paid  and  advanced  to  them  the  faid  Tufcarora  Indians,  by  the  faid  Robert 
Jones,  Witiiurri  WAliams,  and  ThomasPugh,by  an  indenture  under  the  hands  and  feals  of  James  Aden  John  Wiggins,  Billy 
George,  Snip  Nofe  George,  Billy  Cain,  Char'es  Cornelius,  Thomas  Blount, John  Rogers,  George  Blount,  IVineoak  Charles,  Billy 
Baj kct,  Billy  Owen, Lewis  Tujf  dick,  I faac  M'yler,  Harry, Samuel  Bridgers,  Thomas  Seneca,  Thomas  Howit,  Billy  Sockey,  Eihy 
Cornelius,  John  Seneca,  Thomas  Bajket,  John  Cain,  Billy  Dennis,  William  Taylor,  Owens,  John  Walker,  Billy  Mitchell,  Bil- 
ly JSietop,  Billy  Blount,  Tom  Jack,  John  Lightwood,  Lilly  Roberts,  James  Mitchell,  Captain  Joe,  and  William  Pigh,  chief- 
tains and  headmen  of  the  fgkl  nation  of  Tufcarora  Ind-ans,  for  and  on  behalt  of  ihemielves  and  the  reft  ot  the  Indians 
of  the  faid  Tiifcarora  nation,  on  the  one  pax.',  and  the  faid  Robert  Jones,  William  Williams,  and  Thomas  Pugh,  of  the  o- 
ther  part,  did  demifc  grant,  and  to  farm  let,  a  certain  dividend  ot  land,lituate  and  lying  on  Roanoke  river,  in  the  county 
aforefaid,  containing  about  eight  thou.fand  acres,  be  the  fame  more  or  lelc,  and  bounded  as  follows,  to  wit,  beginning 
at  the  mouth  of  Deep  creek,  other  wife  called  Fadiig  run  ;  thence  running  up  the  faid  creek  to  the  Indian  head  line  ; 
thence  by  the  faid  line,  louth  fifty  feven  degrees  ealt,  one  thouland  two  hundred  and  eighty  poles  ;  thence  a  conrfs 
parallel  with  the  general  current  of  thefdd'cieck  to  Roanoke  river  aforefaid,  aid  op  ihe  river  to  the  beginning  ;  together 
'with  all  trees,  timber  trees,  v.  oeds,  underwoods,  v  ays,  waters,  and  appurtenances  whatsoever  to  the  laid  dividend, 
tract  or  parcel  of  land,  belonging,  or  in  any- wile  appertaining  :  To  have  and  '1  o  hold  the  faid  dividend,  tract  or 
parcel  of  land,  with  all  anJ  frag  ilnr  the  appurtenances,  unto  the  faid  Robert  Jones,  William  Williams,  and 
Thomas  Hugh,  their  executors,  administrators,  or  affigns,  without  impeachment  of  walte,  to  be  by  the  laid  Robert  Jones, 
William  Williams,  and  Thomas  Pugh,  relpectively,  their  executors,  adminiitrators,  or  aliign?,  without  impeachment  o£ 
walte,  to  be  by  the  faid  Robert  Jones,  William  Williams,  and  Thomas  Pugh,  relpectively,  their  executors,  adminiitrators, 
and  alfigns,  held  and  enjoyed  in  feveralty  ;  that  is  to  fay,  one  third  part  of  the  faid  dividend,  tract  or  parcel  of  land, 
into  three  equal  parts  xo  be  divided,  unto  the  laid  Robert  Jones,  his  exeiucors,  adminiflrators,  and  affigns;  one 
other  third  part  thereof,  the  fame  into  three  equal  parts  to  be  divided,  unto  the  laid  William  Williams,  his  executors,  ad- 
miniflrators and  alligns  ;  and  the  remaining  third  part  thereof,  the  lame  into  three  equal  parts  to  be  divided,  unto  the 
{fldThomas  Pugh,  his  executors,  adminiitrators,  and  alligns  ;  from  the  faid  twelfth  day  of  July,  in  the  year  afore- 
faid, for  and  during  the  term  of  one  hundred  and  fifty  years,  from  thence  next  enfuing,  and  fully  to  be  compleated 
aha  ended1,  the' iajd  Robert  Jones'.  IViliiam  William's,  andThomts  Pugh,  their  executors,  adminiitrators,  and  alligns, 
yielding  and  paying  therefore  yearly,  and  every  year,  during  tne  faid  term,  to  the  f.iid  Tufcarora  Indians,  and  theic 
alligns,  one  pepper  corn,  if  demanded,  at  or  upon  the  feaft  of  St.  Michael  the  archangel. 

II.  And  whereas  the  faid  nation  otTufcarora  Indians  are  defirous  that  the  indenture  of  leafe  made  between  the  faid 
James  Allen,  John  Wiggins,  Billy  George,  Snip  Nofe  George,  Billy  C.tin,  Charles  Cornelius,  Thomas  Blount,  John  Ro- 
gers, Geo: ge  Blount,  ll'ineoak , Charles,  Billy  Bajket.  Billy  Owen,  Lewis  Tujfdick,  [faac  Miller,  Harry,  Samuel  Bridg- 
ers, Thomas  Stride  a,  Thomas  Howit,  Billy  Sockey,  Billy  Cornelius,  John  Seneca,  Thomas  Bajkit,  John  Cain,  Billy  Den- 
nis. WilliamTaytor,  Owens,  John  Walker \  Billy  Mitchell,  Billy  Netop,  Billy  Blount,  Tom  Jack,  John  Lightwood,  Billy 
Roberts,  Juries  Mitchell,   Captain  Joe,   3nd  IViliiam  Pugh,  Chieftains  and  headmen  of  the  laid  nan  in  or  Tufcarora   In- 

■  dians,  and  the  faid  Robert  J'.nes,  William  IVilliams,  and  Thomas  Prgh,  mould  have  [he  force  and  validity  of  an  act  of 
AlTembly  ;  and  tfaatit  'fliall  be  lawful  for  the  laid  Robert  Jones,  William Williams,  and  Thomas  Pugh,  their  executors, 
adminiflrators,  and  alligns,  to  enter  upon,  occupy,  piiTefs,  and  enjoy  the  laid  dividend,  tract  or  parcel  ot  land,  de- 
mited as  aforefaid.  without  the  let,  hindrance,  or  moleltation  of  any  perlon  or  per  tons  whailoever,  and  without  in- 
curring  any  penalties  whatsoever,  by  reafon  of  their  fo  entering  upon,  occupying,  pollening   and  enjoying   the    faid 

'\.fr  act  ,nr  parcel  of  land,  and  without  impeachment  of  waff  e. 

ill.  And  whereas  tije  faid  Robert  J mc:,  iince  the  faid  twelfth  day  of  July,  in.  the   year  aforefaid,   hath  departed- 


$2 

tnis  life,  having  firfc  made  hislaft  will  and  teftamenr,  and  therein  and  thereby  bequeathed  his  proportion  and  mare  of 
(aid  tract  or  parcel  of  laud,  demifed  as  aforelaid,  u-mo  hla  Ibiis  Allen  Jones  znd  Willie  Jones,  th;ir  ex.cutors,  admini- 
ftrators,  and  ailigns  : 

IV.  B;  it  tbi'-drore  ensiled,  by  the  Governo- ,  Council,  and  Affemhlv ,  and  by  the  authority  cf  the  fame,  ar.d  it  is  hereby 
enacled,  that  the  faid  indenture  of  demife  is  hereby  ratified  and  confirmed  ;  and  rhat  it  liiall  and  may  be  )a\\!>i!  fur 
fhe  i aid  Allen  Jones  and  Willie  Jones,  in  riglic  of  the  faid  Robert  Jones,  tae.faid  William  Williams  and  Thomas  Pugh, 
their  execucors,  ad.rtiniitrat  >rs,  and  alliens,  to  enter  upon,  occupy,  poHels,  audenjjy  the  laid  dividend,  trait  or 
parcel  of  land,  according  to  the  form  a  id  effect  of  the  laid  indenture  of  d°mife  ;  that  is  to  (if,  that  it  Ihall  and  m;>y 
be  lawful  for  the  faid  Allen  Jones  and  Willie  Jonts,  their  executors,  adminiltrators,  and  aligns,  to  ent^r  upon,  occu- 
py, poffel's,  and  enjoy,  one  third  part  of  the  laid  d.vidend,  trail:  or  parcel  of  land,  the  fame  into  three  equal  parts  to 
be  divided,  for  and  during  the  term  aforefaid  ;  the  faid  William  Williams,  his  executors,  admiuiitrator:;,  and  alligns 
to  enter  upon,  occupy  poilefs,  and  enjoy,  on?  third  part  thereof,  th ■:  fame  into  three  equal  parts  to  he  divided,  lor 
and  during  the  term  aforefaid  ;  and  the  faid  Thomas Pugh,  his  executors,  adminiltrators,  and  alligns,  to.  enter  upon, 
occupy,  poffels,  and  enjoy,  the  remaining  third  part  thereof,  for  and  during  the  term  aforelaid. 

V.  And  be  itfu-ther  en-icled,  by  the  authority  aforefaid,  that  the  faid  Allen  Jones,  Willi?  "Jones,  William  Williams,  and 
Thomas  Pugh,  their  executors,  admir.dh-ators,aud  afiigus,  are  hereby  exempted  from  tue  penalties  of  an  a<ft  of  Allem- 
bly,  palled  at  Nevubern  the  fifteenth  day  ot  Oclober,  in  tne  year  of  our  Lord  oi»tho:i'ad  Csven  hundred  aiui  forty  eighrfc 
intituled,  an  ad  for  efcertaining  the  bounds  of  a  certain  trad  of  land,  formerly  laid  out  ty  treaty  for  the  life  of  the  Tufca- 
rora  Indians,  fo  long  as  they ,  or  any  of  them,  fh.ill  occupy  or  have  the  fame  ;  and  to  prevent  any  per/in  or  perfons  taking  up 
lands,  or  fettling  within  the  faid  huur.ds,  by  pretence  of  any  purchafe  or  parch  fs  made,  or  tr-at  fhall  be  made  from  the  faid 
Indians*  :  andthat  it  (hall  and  may  be  lawful  for  the  laid  Allen  Jones,  and'  Willie  J  n-s,  William  Williams,  and  TlKtn.it 
Pugh,  their  executor?,  adminiftrators,  and  alligns,  to  occupy,  poffels,  and  enjoy,  tne  laid  dividend  traci  or  parcel  of 
land. 'demifed  as  aforefaid,  during  the  term  aforelaid,  without  impeachment  of.walte,  and  v.  knout  the  let,  wide  ftation, 
or  hmderanc?,  cf  any  perlon  or  perfons  whatlocver.  _ 

VI.  Provided  always,  and  be  it  enaSt.A,  by  the  author' ty  aforefaid,  that  nothing  herein  contained  fna-U  be  conitnied 
ef  as  to  invalidate  the  title  or  titles  of  any  perfon  or  perfons  who  liav..-  obtaiifed  any  grant  or  grant,  tor.  any  tracts  or 
parcels  of  land  within  the  limits  or  boundaries  of  the  land  of  the  laid  Tu/carora  Indians,  before,  the  laid  fifteenth  day 
of  Oclohcr,  one  thoufand  feven  hundred  and  firiy  eight. 

VII.  Provided  alfo,  and  it  is  hereby  tnccled,  b\>  the  authority  afo/efaid,  That  the  fa'd  Allen  Jones,  Willie  Jones,  William 
ifillLims,  an  Tlcmas  Pugh,  their  i  xcn-ti  r.:,  idmiriirr-ioi-f,  mti  .il.jii:,  11  all  f.ily,  au,u\ea?b  year,  during  ti  c  tern*, 
aforefaid,  on  the  twenty  hrit  day  ot  Mrch,  pay  to  the  right  boi.tui\.bh-  Earl  G-ar.vl.k,^  Li.  heir,  and  alligns,  a  q .-.  U 
lent  of  four  fliilhngs  prod  ination  money,  for  every  hundred  acres  of  land  contained  within  the  limits  or  boundarie- 
of  tne  land-  demifeti  as  aforelaid  ;  and  n  uii'e.  tne  laid  qj  t  rents  Itial!  he  in  arirear  at  any  time  within  th*  term  aUire- 
fsiid  tha'  then  it  Ih.U  ana  nay  be  lawlui  for  the  laid  Earl  of  Granville ,  hs  heirs  an  I  afiign-,  to  fie  for  aid  rtco  er  all 
fuch  arrearages  cf  rent,  of  and  from  rhe  faid  ,-i.en  Jones,  Wilre  Jones,  William  Williams,  and  Thomas  Pugh,  thtir  ex- 
ecutors, adminiltrators,  and  alligns  by  all  law  Jut  ways  and  means  v  hat-.t  ever.     *N.  C.  L.  2, .  174§»   l -9- 


VIIIGforgr  III.     The  5th  of  December,   1767. 


Chhp.  XI.  An  ac7  for  bulling  a  put  lie  zu  I  end  g.eJ'r's  boufejtrthe  diflncl  of  Mcw'aern,  in  the  town  0}  Newbern. 
J.  vt  7fJEHEAS  the  public  giol  for  :he  d  ityict  of  \'e~w,>ein  was  lately  jojifiM.ed.  by  fire,  and,  it  being  neteffary. 
VV  that  anew  gaol  ,'hould  be  ereJted  in  he  fa.d  dilute  ;  II.  Hi.  IV-  6  V.  Cbjdete. 
VJ.  And  be  it  further  enjcled  by the  authority  .frefaid,  that  after  lull  gaol  Ihall  be  erected,  when  any  ptrfon 
or  perfons  ibill  be  appreh  Hided  for  any  ollence  committed  within  the  dillrict  aforefaid,  it  ftiall  and  may  be  lawful  for 
the  magiftrace  or  magiftrates  before  whom  fuch  offender  Ihall  be  examined,,  if  he  or  they  ih'n.k  it  necefiary,  to^  com, 
n.it  fuch  offender  to  tne  ah.-re faid  gaol  ;  and  tlie  Iheriff  of  the  couruy  for  the  time  being,  where  luch  ofienderlhall.be 
apprehended,  is  hereby  autUriied  and  r-.quired.io  convey  inch  .Render  to  the  faid  gaol,  and  dtl  vtr  him  or  her  to 
the  Iheriff  or  keeper  thereof,  and  cake  a  receipc.Qt  luch  fhenff  or  keeper ;  which  Ihall  be  his  ducharge  for  luch  pnfo- 
uer* 

VII.  AnUe  it  further  enad  dt  by  the  authority  afore/aid,  that  after  the  faid  giol,  ir.d  gaoler's  hcu'e,  fhallbe  built  as. 
aloiefaid.  the  Iheriff  of  the  county  of  Craven,  for  the  time  being,  is  hereby  directed  ard  r<  quired  to  employ  lome  per- 
fon of  integrity  to  be  keeper  of  the  faid  gaol  ;  who,  danng  the  time  an  perfon  committed  for  a  capital  offence  Ihall 
be  in  the  flid  gaol,  Ihall  conllantly  reiide  in  the  laid  gaolet's  houfe,  and. take  all  lawful  ways  and  means  for  preventing, 
the  e leaps  of  Inch  offender. 

., 1 — -*- 

Chap.  XVI.   An  ail  for  apf>oin tine  an  infytiv  for  the  Great  Ifiand,  op-pofte  Wilmington,  f*  Brunfwick  county. 
I.    \T7HEHEAS  great  quantities  of  naval  ftores,  and  other  merchandize,  which  require  mfpevbon     are  landed  on, 
VY  and  fiiipped  frj;n  the  Great  JJland  jp_iofite  Wilmington,  known  by  the  name  ol  Eagle's  TjlahJ  j  and  uis  verjf. 


52 


53 

in-O'ivsnlent  for  the  infpeftor  ohBWmfivtck  county,  from  the  great  diltance  of  his  refiJence,  to  attend   the  inf  o^ctioa 


then  o\. 

jl  Be  it  enabled,  by  the  Governor,  Council,  an  I  Affembh,  and  by  the  authority  o'  the  fame,  that  the  inferior  con' t  of 
Biunfvick  county  ar;  hereby  aiu':orifed  an.l  required,  at  the  .  e^t  court  to  be  lielil  fop  i'.iid  county  after  the  faffing  of 
tin-  aft  and  in  each  fucceeding  year,  at  the  ti  he  already  ppointed  by  law,  to  chnole  a  fii  am)  proper  perlbn  10  be  an 
inipeftor  lor  the  faid  ill  ind,  called  E '-'git's  Ifl.ind  ;  under  the  fame  rules  and  regulations,  and  fubjeel  to  the  fame  penal. 
ties,  as  other  ■■::-^ftor;  appointed  in  this  province  are  liable  to  ;  whofhal  have  and  receive,  tor  all  commodities  in. 
fpeetsd  by  him,  the  lame  tees  wtiich  other  infpeftors  ar  •  b>  lav  intitleu  to  for  tt>e  like  leryices. 

111.  And  be  it  further  emit}  d,  by  the  authori  y  afore/uid,  ti  at  in  cale  the  '.A)  eftor  to  bs  app  >inted  by  this  aft  fhoull 
abfent  him  elf  from,  or  not  punctually  attend  ih_  dunes  of  fri=  o.fice,  it  ili/l  and  may  be  lawful  for  any  perfon  or  per- 
fons,  having  commodities  to  inlpeft,  to  apply  to  the  neareft  infpectur  appointed  bv  law,  in  that  or  any  other  county  j 
who  is  hereby  imp awered  and  required  to  infpeft  the  fa:;e  ;  and  who  mall  have  101  his  trouble,  the  Jame  fees  which 
the  infpeftor  to  be  appointed  t>y  tnisact  >vouid  in  tint  cafe  be  intuled  10  receive. 
, . \ 

Chap.  XX.  A:  ad  to  amend  tin  ad,  inti'uLd,  an  aft  to  encourage  perfons  to  fettle  in   the  town  of  Brun/wiek,  on   the 

'fouthvefi  fide  of  Cape  -Fear  rivera  />.   iq. 
I.    VT/HEriEA^  the  cim  niffi  iners  of  the  town  of  Brunfiuick,  in  the  ci.uiuy  i>f  BrunfuAck,   are   moltly  dead  or  re- 

V  V  moved  out  o-  cue  laid  to  vn  ;  a  .d  tiiofe  who  are  ftfll  living  and  are  rftidents  therein,  have  neglected  to  ap. 
point  o'hers  in  the  i  io  n  ot  Inch  commiffioners  lo  de  id  or  removed  : 

II.  Be  H  snac~i.-d,by  the  Oovsrnv  I'air'd,  ind  A/femcl'/,  en/tit  is,  hereby  enaded^by  the  authority  of  the  fame ,  tbaf 
froma  id  alter  tne  pifli.ig  of  this  at,  fich  of  tie  inhabitants  oi  the  fa.d  .o  vn  01  B  infw'ck  js  are  inuiied  to  vote  for  a. 
reore  e  native  to  fit' and1  vote  in  the  General  VfTemb'y  of  this  province,  are  hereoy  au  honfed,  impowered,  and  re- 
quired, to  niii.-t,  annu  dly,  a:  the  court-houte  in  the  'aid  lo-vn,  (j;i  the  firlt  1  ueiujy  of  May  next,  and  on  tlie  hrft  Tuef- 
day  of  May  in  each  lucceeding  ve<r,  to  chocfc  three  c onmiiffioners  for  the  faid  town,  to  lerve  for  one  year  ;  and  the 
l.i;d  commiffioners,  or  the  majority  of  them,  or  the  urvivbrs  of  them  lo  chofeh,  are  hereby  veiled  with,  and  declared. 
to  have  the  fime  po.vers  and  authi  T:\f-  th  t  any  coramiffiotiers  of  the  laid  tun  have  heretofore  had,  ufed,  exerpfed, 
or  enjoyed,  by  virtue  oi  an  aft  o<  AfTetubly  intituled*  anodi'>eiiw\gepeijonstoje:l:inthetotanot\\r\xx\^v\.\.,on 
the  i'ou:h  velt  [.d?  •/  Cip--Fe>r  river  ;  ana"  farther,  the  commiffi»n  rs  ot  the  laid  town  are  hereby  autdorifed  and  im- 
p  iwered,  to  lay  out  alley?,  ftreets,  ami  qu  iresj  in  a, id  t  trough  any  pan  ot  tne  laid  town,  which  may  be  ior  the  inteteft 
god  convenience  of   the  in  a  >i  a  ir»  •here*  f 

III.  And- be  it  further  enatl-  •',  'y  t,''c'  '-"•''  -"-'i'V  aforefaid',.  that  everv  elanfe"  md  part  of  the  aft,  intitttled;  an  ail  to 
entourage  pe-fons  lo  fettle  in  the  tovni  of  Bru  >.iwick,  or  the  louthw  eflji'  *  :j  Cjpe-Eear  river,  with  n  the  purview  of  this 
act,  be,  and  is  hereby  henceforth  repealed  and  made.  void. 

. 1 

Chap.  XKI.  An  atl  for  eretting  in  the  towfrof 'Sal  (b  iry,  a  pit!  lie  gaol,  p'll-ry,  and  flocks,  for  the  dtflfiB  o/Sa'ifbnry,  in 

1  is  pr ovine  : 
1.   \  T7HERE  VS  the  gaol  formerly  erect  d  for  the  diftrict  of  Satijbury,  is  found  inf.  fficient    to  fecure   the  many  re. 

V  V  Ioit,  and  itlier  prifeners  committed  thereto  ;  by  which  means  numb  rs  ol  looie  and  d.forderly  pcrlons  are. 
dailv  committm  >  the  mot  attrociolK  crimes  witn  impun  ty  :   For  remedy  whereaf, 

i  II.  III.    I/,   a   V.   Wdte. 

VI  And  be  it  further  en  id  d,  by  the  authority  o fore/aid,,  that  after  fuch  buildirgs  ffia1l  be  made  as  aforefaid,  when 
anv  perlon  or  perfons  wit  nn  t  ie  ddtr;(ft  of  Salifbttry,  ihall  be  apprehended  or  a  ly  criminal  offence,  that  on  conriftion 
thereol  would  in:nr  tht  lo  sot  Ire  or  member,  it  Ihall  and  maybe  law  ful  for  any  Juft'ce  of  the  Peace  in  any  county  [within 
the  diitrnt  aiorelaid,  before  w  horn  an  examination  of  fucii  (riininal  fhall  be  Lad,  if  'aid  juilice  fha'l  tjiir.k  it  necelfary, 
to  commit  fuch  ciiminal  to  the  aforefaid  gaol  :  And  the  fheriff  of  the  county  wherein  fuch  triir  in: !  -tf  rdl  be,  is  hereby 
directed  anil  -^r  l«red  to  ■convey  fuch  criminal  to  the  faid  gaol,  2nd  deliver  him  or  tuem  to  i  he  fheriff  or  keeper  there- 
of, and  take  areceiit  tor  f  ch  piifoner  cr  pril'oners  from  the  faid  fheriff  or  keeper  ;  «  ho  ;re  hereby  direfted  and  re» 
quired  io  receive  fuch  criminal,  and  give. inch  receipt  ;  which  mall  be  his  dilcharge  fcr  fuch  criminal  or  criminals. 

Tht  re/1  Ob/olete. 

Chap.  XXU.  /in  Acl'to  continue  an  aft,  intituled,,  an  aft  for  enlarging  the  time  allowed  fcr  faving  lots  in  the  town  of- 
Hertford,  and  other  .purpoies*  ,  an  to  ejlablifh  a  frrr-j  from  the  town  of  Hertford,  on  the  welt  fide  oj  Perquinions  ri* 
v?r,  to  Newby*'  pvnt,  on  ^Veafl  fide  of  the  faid  river.   *p.  43. 

J»    \^7HE'*EAS  bv  an  aft  ot  AilVnblv  pafl'e'l  at  iVe-wbern,  in  the  third  year  of  the  reign  of  his  prefent  majefty>  ''.ti. 

V  V  tuled,  an  a/1  for  enlarging  the  tine  Mo-jtcd  for  faving  lott  in  the  town  of  Hertford,  and  other  purpo/es,  aui(in^: 
otHerthings,  it  is  provided,  that  tne  grantee  of  ever-  lot  in  the  faid-town  fhall,  within  five  years,  erect  ard  finifha  h'  ust 
Ot  tiie.  diaw4u)n>  l^vcihed  to«tf&  of  Allembly  paffed  in  .he  thirty  fecond.year  of  tile  reign  0f  fais  Maj.efly  k  n^  Gcuigc 


54- 

the  fecond,  intituled,  en  ail  fcr  eficbl'fitng  a  town  on  the  land   0/  Jonathan  Phelps,  c/Perquimons   county*  ;  which 

term  of  five  year»  is  no.v  expired,  and  many  of  the  lots  in  the  laid  town  of  Hertford  not  laved  agreeable  to  the  before  re- 

clici.  act. 

II.  B '■it  therefore  entitled,  by  the  Governo-,  Cvtncil,  and  Affemblv,  and  it   is  hereby  enabled,   by  the   authority  of  the 

fame,    that  every  lot  in  the  laid  town  of  Hertford,  on  which  a  hou!e  fhall  be  erected  and  built,  of  the  dimenfions  menti. 

oned  in  the  laid  recited  aft,  within  the  (pace  of  three  years  after  the  date  of  the  conveyance  made  for  the  fame   fhall  be 

and    are  hereby  declared  to   be  vcfted  in   the  grantee  thereof,  in   fee-fnnple  ;  any  thing  in  either  of  the  aforeiaid  acts 

to  the  contrary  notwithstanding; 

III.  A11O  whereas  feveral  directors  of  the  fa<d  town  are  dead  or  removed,  whereby  their  offices  are  become  vacant  • 
Be  it  therefore  enaihd,  by  the  authority  aforef.id,  that  from  and  after  the  palling  of  this  aft,  John  Harvey,  John  Clay. 
ton,  Seth  Sumner,  William  Skinner,  and  Francis  Nixon,  be,  and  are  hereby  appointed  directors  of  the  laid  town  •  arid 
may  ufe  and  exercife  the  fame  pgweis  and  authorities,  as  the  directors  appointed  by  the  before  recited  act  could  or 
might  have  exerclfed,  tiled  or  enjoyed,  by  virtue  of  the  lame  :  and  in  cateof  the  death,  refulal  to  aft,  or  removal  out 

ut  the  county  of of  any  of  the  fai-d  directors,  the  furviving  or  other  directors,  or  the 'majority  of  them,  fhall 

and  they  are  hereby  impowered  and  required,  to  choole  another  direftor  or  directors,  in  the  room  of  him  or  them  fo 
dyiiitT,  refilling  to  aft,  or  re  moving  out  of  the  county,  agreaole  to  the  directions  of  the  laid  aft. 
j   IV.  V.  VI.   dr  VII.   Obfolete. 

VIII.  And  he  it  Jurther  cnail,  d,  by  the  authority  afore/aid,  that  this  act  (hall  continue  and  be  in  force  for  and  timing 
the  term  of  feven  years,  from  and  after  the  palling  thereof,  and  from  thence  to  the  end  of  the  next  leilion  of  Affem- 
biy,  and  no  longer,     "p.  33. 


Chap.  XXVI.  An  ail  for  eftablljfhing  a  town  on  the  landofWAWzm  Gray,  on  Cuiliie  river,  in  Bertie  county. 
J.  \  "\  ,'HFREAS  it  hath  been  repreieiued  to  this  All'embiy  that  the  land  of  William  Gray,  lying  on  the  fouth  fide  cf 
V  V  Cufhie  river,  at  a  place  known  by  tne  mine  of  Gray's  landing,  in  Bertie  couutv,  is  a  pleafant  and  healthy  fi- 
tuation  and  commodious  for  trade  and  co  amerce  ;  and  tf.e  laid  IV Hi  am  Gray  having  acknowledged  his  tree  conient  to 
have  one  hundred  acres  of  the  laid  laud  laid,  off  for  a  to  »vn,  which  will  greatly  promote  the  trade  and  navigation  pf  the 
laid  river  : 

II.  Be  it  therefore  enailed,  by  the  Governor,  Council,  and  AJfcmbly,  and  by  the  autho  itv  ofthefam?,  that  the  faid  one 
hundred  acres  01  land,  beginning  at  a  flake  by  a  fmall  branch  on  the  rivei  tile,  and  running  thence  north  forty  two  de- 
grees weft  one  hundred  and  fix. --y  eight  poles  ;  then  nortli  twenty  oie  d;gr„es  er.t  tariy  pjles  ;  then  north  lietv  five 
degrees  eaft  one  hundred  and  twenty  two  poles,  to  the  centre  of  a  hickory,  white  oik,  and  maple,  on  the  laid  river 
fide  ;  and  then  dou/n  the  meanders  of  the  faid  river  to  the  beginning  ;  iaid  off  in  lots  and  itreets,  with  part  thereof  for 
a  common,  according  to  a  plan  laid  before  this  AlTenib'y,  be,  and  the  lame  is  hereby  conftituted,  erected,  and  eiiablilj}. 
ed  a  town,  and  lhall  be  called  bv  the  name  of  Wlndfor. 

II!.  And  be  it  further  ensiled,  by  the  authority  afore/aid,  that  from  and  after  the  palling  of  this  aft,  Cullen  Fc/kck, 
and  John  Daw/on,  EfquireS,  Thonu-s  Ballard,  (Viilfam  Will  m  ,  and  O  a  id  Stanley,  gentlemen,  be,  and  they  and  e- 
very  of  them,  are  hereby  conftituted  directors  and  n  uftees,  for  delignmg  building,  and  carrying  on  the  laid  town  ; 
ami  they  lhall  (land  fefted  o;  an  indefeafj  le  eftate,  in  fee-iimple,  of  and  in  the  laid  one  hundred  acres  of  land,  laid  oil' 
as  aforefaid,  to  and  for  the  ulf  s,  intent;,  and  pjrpofes,  hereby  exprelled  and  declared  ;  except  four  lo:s,  known  and 
cleicribed  in  the  aforefaid  plan  by  the  ir  re'pect.ye  cumbers  eleven,  twelve,  eighty  four,  and  eighty  fix,  which  are  here- 
by referved,  to  the  only  ufe  ar.el  behoof  ot-the  (kid  William  Gray,  his  heirs  andalfigns,  forever  :  and  the  faid  direft- 
prs,  or  any  three  of  them,  (ball have  lull  power  and  authprity  to  meet  as  oiten  as  they  fhall  think  neceiiary  ;  and  to 
appoint  a  public  quay,  at  fuels  place  on  tiie  ia.d  river,  within  tne  bounds  of  the  laid  town,  for  a  public  landing,  as  to 
them  lhall  fee  in  meet. 

IV.   And  whereas  fubferip'ions  have  already  been  made  for  the  greateff  part  of  the  lots  laid  off  in  the  faid   town  ; 
Beit  er.ailid,by  the  mthority  ajo'tjt.id,  that  the  laid  direftprs,  cr  a  majority  of   them,  within   lix  montns  alter    the 
pafling  ol  this  aft,  lhall  appoint  a  time,  and  give  public  notice  ttiereot  for  meeting  the  fnblcribers  on  the  faid    land, 
for  determining  the  property  pf  each  particular  jot,  which  fhall  be  drawn  by  ballot,  in  a   fair  manner,  by    the    di- 
rection, and  in  Jie  prelence  of  a  majority  of  .he  laid  directors  at  leaft  ;  and  each  fubferiber  lhall   be    intitled  to  the 
lot  or  lots  which  fhali  happen  to  be  drawn  for  him,  and  correlpond  with  the  number  contained  in  the  aforeiaid    plan 
of  the  laid  town  :     and  the  laid  directors,  cr  a  majority  of  them,  fhall  make  and  execute  deeds  for  granting  and  con- 
veying the  faid  lots  contained  in  the  faid  town,  to  the  respective  fubferibers  for  the  fame,  theii  heirs  and  alligns,  for 
ever;   and  alio  to  every  other  peifon  and  pei  Ions  who  fhall  punhale  any  other  lot  or  lots  in   the    laid    town,  at  the 
proper  cofband  charges  of  the  grantee  or  grantees  to  whpm  the  lame  Shall  be  conveyed,  and  every  ptrfon  claiming 
any  lot  or  lots  in  the  laid  town  by  virtue  ol  any  fuch  ccpveyai.ee,  fhall  and  may  hold  and  enjoy  thefame  in  fee-fimple. 
V.  Provided  nevtrthclejs,   That  the  grantee  or  grrnteet  of  any  lot  or  lets  in  the  laid  town  lo  combed,  fhall,  with- 
in three  years  next  after  the  <ia:e  of  the  eonveyai.ce  for  the  fa.;  e,  ertft,  build,  a  id  finilli,  on  each  lot   lo  conveyed, 
one  well  framed  or  brick  houfe,  fifteen  feet  lejuai cat  the  leaf!,  and  ten  feet  pitch  in  the  clear,  or   proportionable  to 
fnch  dimenfioiis  if  fuch  grantee  or  grantees  fhall  have  two  or  more  loK.contiguous :  and  if  the  owner  ol  any  lot  m  thfe 
faiu  town  fhall  tail  to  purfiie  or  comply  wiih  the  el  reftioruj  by  this  at  1  |  refcriDi  I,   for  building  and  (unfiling  a    houfe 
jhcreon,  then  fuch  lo:  upon  which  fuch  Louie  lhall  net  be  built  and  fiaifljed  in  maimer   J'erJa.d,  lhall  be   rcvefted 


55 

in  the  fa"id  directors  ;  and  the  find  directors  or  the  majority  of  them,  may,  and  are  hereby  impowered  and  authori- 
zed, to  fell  fuch  lot  lor  the  beftprice  that  may  be  had,  to  any  other  perfon  or  perfons  applying  for  the  fame,  in  fuch 
manner,  and  under  fuch  reitrictions,  as  they  could  or  might  ha\e  done  if  lucfa  lot  had  not  before  been  fold  or  granted. 

VI.  And  be  it  further  enafied.  by  toe  authority  afore/aid,  ihat  the  refpective  fubfcribtrs  for  the  faid  lots  fhall, 
within  one  month  after  it  (hall  be  afcertained  to  whom  each  of  the  faid  lots  doth  belong,  in  manner  herein  before 
mentioned,  pay  and  latisfy  to  the  faid  directors  the  fam  of  forty  five  (hillings,  proclamation  money,  for  each  lot  by 
them  fubfcribed  for ;  and  in  cafe  ot  the  relulal  or  neglect  of  any  fubfcriber  to  pay  the  faid  fum,  the  faid  directors 
fhall  and  may  commence  a  fuit  for  the  fame,  in  their  own  names,  and  therein  fhall  recover  judgment,  with  cofts. 

VII.  And  oe  it  further  enabled,  that  all  monies  which  (hall  arife  by  a  difpcfal  of  the  faid  lots,  granted  by  the  faid 
directors  and  their  fucccfl'ors  in  execution  of  this  act,  fhall  be  received  by  the  faid  directors ;  and  after  their  reafon- 
ab  e  charges  and  expences  are  deducted,  fhall  be  by  them  paid  to  the  faid  William  Gray,  his  executors,  adminiftrators, 
or  2ffigns. 

Vlii.  And  fer  continuing  the  fucceflion  of  the  faid  directors,  until  the  faid  town  fhall  be  incorporated,  Be  it 
further  enacled,  by  the  authority  ajorejaia,  that  in  cafe  of  death,  refufal  to  act,  or  removal  out  of  the  country  of 
any  of  the  fa.d  directors,  the  furvning  or  ather  directors  or  the  majority  of  them,  (hall  affemble,  and  are  hereby  im- 
powered, from  time  to  time,  by  inftrument  in  writing,  under  their  refpective  hands  and  feals,  to  nominate  fome  o- 
ther  perfon,  being  an  inhabitant  or  freeho'der  of  the  faid  town,  in  the  place  of  him  lo  dying,  refufing  to  act,  or  re- 
moving  out  of  the  country  ;  which  new  directors,  fo  nominated  and  appointed,  fhall,  from  thenceforth,  have  the  fame 
power  and  authority,  in  all  things  coscerning  the  matters  herein  contained,  as  if  he  had  been  exprefsly  named  and 
appointed  in  and  by  this  act. 

IX  George  III.     The  7 th  of  November,   1768. 


Chap.  XI.  Anacrloreflabiifl:ingaTo"dmin  Mecklenburg  County. 
ith  been  reprelented  to  this  Affe'niDl 
ed  to  John  Frohock,  Abraham  Alexander  and  'Thorn 


\.  tT  7KER.EA?  it  hath  been  reprelented  to  this  Afle'niDly  that  three  hundred  and  lixty  a  rres  of  land  was  grant- 
W  ed  to  John  Frohock,  Abraham  Alexander  and 'Thomas  Polk)  as  cotnmiffioners,  in  trull  for  the  county  afore- 
faid,  for  erecting  a  cour:-houfe,  prilon,  and  flocks,  for  the  ul'e  of  faid  county  ;  which  faid  three  hundred  and  lixty 
acres  of  land  was  afterwards  by  them  laid  iff  into  a  tov.  n  and  common  ;  and  that  part  of  the  laid  three  hundred  and 
fixty  acres  of  land  hatti  l.kewiie  been  laid  out  into  lors,  ot  half  an  acre  each,  on  fome  of  which  good  habitable  h:  ufes 
have  been  erecttid  ;  and  that  by  realon  of  the  healthinels  of  the  place  aforf  faid,  and  convenient  fituation  thereof  for 
trade,  the  fame  might  foon  become  conliderable,  if  it  was  erected  into  a  town  by  lawful  authority  ;  to  which  the 
laid  John  Frohock,  /Ibrahim  Alexander,  and  Thomas  Polk,  commiliioneri  aforelaid,  who  are  now  ieized  in  fee  of  the 
faid  three  hundred  anu  fixry  acre?,  and  thole  who  claim  under  them,  having  conlented  : 

If.  Be  it  therefore  cnacled,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  authority  of  the  fame,  that  the  faid 
three  hundred  and  lixty  acres  of  laid,  fo  laid  off  by  the  commiilioners  or  rruftees  as  aforelaid,  be  and  the  lame  is 
hereby  conltituted,  ertfted,  and  eitabhihed,  a  town  and  town   common,  and  (hall  be  called  by  the  name  of  Charlotte. 

III.  And  be  it  further  enacled,  by  the  authority  aforelaid,  That  John  Frohock,  Abraham  Alexander,  Thomas  Polk, 
Richard  Berry  Elquires  and  George  Allen,  and  every  of  them,  be,  and  are  hereby  appointed  direchns  and  ttullees, 
for  directing  the  building  and  carrying  on  the  laid  town  ;  and  they  lhall  ftand  feiited  of  an  indefealibie  eflate,  in  fee, 
in  the  laid  three  hundred  and  fixty  acres  of  land,  to  and  for  t'.e  ufes,  intents  and  purpofes,  hereby  exprefleJ  and  de- 
clared ;  and  they,  or  the  majority  ot  them,  lhall  have  fall  power  and  authority  to  meet,  as  often  as  they  lhall  think 
necefTary;  and  caule  an  exact  plan  of  one  hundred  acres  of  the  faid  laid  to  be  made,  as  near  as  may  be,  agreeable  to 
the  flreers  and  lots  already  laid  out,  and  the  relidue  thereof  fhall  be  an  J  remain  for  a  common  thereto  ;  and  that  the 
faid  drectors  fiiall  infert  a  mark  or  number  on  each  lot  ;  which  laid  plan  Hull  be  kept  in  fome  convenient  place  in  the 
faid  town,  for  the  v'ewo?  fuch  perfons  who  have,  or  incline  o  have  a  lot  or  lots  in  the  fame. 

IV.  A^d  whereas  eighty  lots,  already  laid  off  in  the  faid  to.vn,  have  been  purchaied  ;  Be  it  therefore  enacledhy  the 
authority  aforefdid,  that  the  faid  directors,  or  the  majority  of  them,  lhall  make  and  c.-teccte  deed  %  for  g-aatmg  and 
conveying  the  laid  eighty  lots  to  the  purchalers,  their  heirs  and  aliigns,  forever  ;  and  alio  to  every  other  peril  n  who 
lhall  purchafe  any  other  lot  or  lots  in  the  laid  town,  at  the  coit  311 J  charges  of  the  grantee  to  whom  the  fame  (hall  be 
conveyed,  he  or  tliey  paying  to  the  trealurer  hsrein  after  appointed,  the  annual  rent  of  one  (hilling,  for  each  and 
every  lot ;  and  every  perlou  claiming  any  lot  or  lots  by  virtue  of  any  fuch  conveyance,  (hill  and' may  hold  the  fame 
in  fee-fi  •  p'e. 

V.  Provided  ttevertheieft,  that  every  grantee  of  any  lot  or  lots  in  the  laid  town  fo  conveyed,  or  hereafter  to  be 
conveyed,  lhall,  within  tiiree  years  iext  a,  ter  the  date  of  the  conveyance  for  the  lame,  erect  and  huild  on  each  lot  fo 
conveyed,  one  well  framed  fawed  Or  hewed  log  houfe,  twenty  feet  in  length,  and  fixteen  feet  wide,  bigh  in  the 
clear,  with  a  brick  o.-  Hone  chimney  orchfmi  ies,  or  prnport  enable  to  fuch  dimenflons,  it  fuch  grantee  lhall  have  two 
or  more  lots  in  laid  town  :  and  if  the  owner  of  any  lot  lhall  not  purfue  and  comply  with  the  directions  In  this  a^t  pre- 
fer bed,  (jT  buil  ling  and  finilhing  a  houle  thereon,  then  fuch  lot  upon  which  fuch  houfe  lha1!  not  be  built  and  h* mlhed,- 
fhall  be  revelled  in  tile  laid  directors  ;  and  they,  or  the  majority  of  them  may,-  and  are  Hereby  .iinpo.  ,\  -red   and-  aa5 


56 

thorizeJ,  to  fell  fach  lot  for  the  beft  price  that  cm  be  had,  to  any  pciTon  app!vm~  fef  t'i"  fame,  in  fuch  miri?',  and 
under  luch  reurictions,  as  tney  could  or  migut  have  done  if  fnch  lot  had  not  heittfe  neen  lo;d  or  granted  ;  and  t  ir  mo- 
ney arifing  by  fuch  isle  co  bs  applied  as  the  directors,  or  \ha  majority  oi "them,  Ihall  cumk  proper,  for  tne  u)s  ui  chfl 
town. 

VI.  And be  it  further  enacled,  by  the  authrity  afore/aid,  ih-itThomas  Polkbs,  and  is  hereby  appointed  teal'm-'r  of 
the  laid  to .v u  ;  who  ihill  enter  into  bond,  wicn  fufficient  fecurity,  to  the  direct  >rs  of  tne  laid  unvn,  in  the  penal  i'u  n 
or  five  hundred  politics,  that  lie  will  wed!  and  truiv  account  with  and  pa/  ttivj  monies  he  fn.dl  receive  1 1  virtue  of  his 
office,  10  inch  nerfon  or  perfons  as  by  this  ail  he  is  directed  ;  and  on  the  dea:h,  or  removal  out  of  ti=e  county  of  the 
iatti  treasurer,  the  remaining  directors,  or  tne  majority  of  the  n,  by  ccnilic.te  under  their  hands  and  leais,  Itiall  no. 
inmate  and  appoun  one  other  or  the  f;;d  director:-.  10  be  trealurer  of  the  faid  co.vii  :  and  loi.)  like  manner,  from  time 
to  time,  as  often  as  the  laid  aflipe  thill  become  vacmt  as  aiorefa'd  ;  and  luch  treaiurer  cr  ueaiurers  lhail  tiuer  into 
bond,  with  fecurity,  in  Lhe  fame  manner  as  the  treafurer  by  this  act  appointed. 

VII.  And  be  h  further  enaclei,  by  the  authority  ctforefuiJ,  t):;;t  in  caie  of  the  death,  rcfufal  to  ait,  or  removal  out 
of  the  county,  of  any  of  ihe  laid  directors,  the  lurvivmg  ql  othei  directors  or  the  majority  of  them,  ihall,  and  ara 
hereby  impovvered,  Irom  t,me  to  time,  by  ii  ttrumeiu  ot  writing;,  under  their  refpeci:  ve  hand-,  and  leals,  10  nominate 
fome  other  perlon,  being  .m  inhabitant  or  freeholder  in  laid  town,  in  the  place  ot  him  lo  dving,  or  refuting  to  act:,  or 
removing  out  of  the  laid  c>Jty  ;  which  director  lo  nominated  and  appointed  Ihall,  t,om  thenceforth,  have  the  Ike. 
power  and  authority,  W  all  tntngs  in  the  nutters  heretn  contained,  as  it  ue  had  been  t expelled  by  name,  and  appoint? 
«d  by  this  act. 


Chap  XII.  An  at!  for  eftablfo'mg  atovm  on  the  Lf-d  rf  Benjamin  W.  nns,  on  Ghowar  river. 
I.  VT7tIE'tl£AS  it  hathheen  repreiented  to  this  Affiiinbly,  that  the  lai  d  o!  Benjamin  \Vynns,  lying  on  thsfouthweft 
\  Y  fide  of  Cbo-ua;  river,  in  her  third  county,  w.iere  the  court  houfe  and  other  public  building,  are  erected,  is  a 
heakhy,  jieafant  fit  union,  well  watered,  and  commodious  tor  commerce  ;  and  riie  faid  B&tfetmm  IVynm  iia-.-ing  (ignis 
tied  hie  free  conlent,  by  a  certificate,  under  i  is  Iiand  and  ie  ii,  to  have  on.-  h  ladre  1  acres  01  the  laid  land  laid  off  to:  a. 
town  and  tilty  acres  for  town  omaioii  ;   which  wili  greatly  promote  die  trade  and  uavigati   n  ot  the  laid  river  : 

II.  Beit  therefore  enacled,  by  the  Covernir,  Council  und  AJfembly,  and  by  the  nut!  or:ty  0/  tie  J, ■me,  llat  the  director! 
•r  cruftees  hereafter  appointed,  or  the  majority  ot  ihem,  lhal;,  as  foon  as  may  be.  alter  the  palling  ot  this  act.  cade  the 
i'aid  one  hundred  acre^  to  be  laid  off  in  lots  of  half  acres  each,  with  convenient  itieers,  lanes,  and  alleys  ;  which  lots 
fo  laid  off,  according  to  the  directions  ot  this  act,  is  hereby  conitnu.ed,  erected,  and  eftabjilhed  a  tewn  ;  aid  Ihall  bt 
•calltd  by  the  name  <j{  Ihinton. 

III.  And  be  it  further  tnacled,  by  the  authority  aforefl.id,  that  from  and  after  the  paifirg  of  t!  is  ail,  Henry  IhU,  WiU 
Haw  Jfyr/es,  J)hi  Bjk-r,  :\Iithias  Brick  11.,  Jojl-bh  Diekent >n,  he»i y  King,  and  Brn]amin,Wyn>:s,  be,  and  they,  a  id  every 
of  them  are  hereby  conltituted  directors  and  truifees  for,  the  deli.ning,  budding,  and  carrying  on  the  la;d  town; 
jnd  they  mall  Hand  feized-ut  an  indefealibie  efface,  in  fee  lim,.ile,  of  she  laid  one  hundred  .md  fifty  acres  of  land,  to. 
and  for  the  ules,  intents,  and  purpofes,  hereby  expreifed  and  declared  ;  and  they,  or  any  fqur.ojt  tnem,  Ihall  have  full 
pjwer  and  au.honty,  to  meet,  as  often  as  they  Ih  ill  think  nc  ceffary,  and  caule  a  plan  thereof  to  lie  made,  and  thei  eiiy 
10  infer*  a  mark  or  Dumber  to  each  lot  ;  and  as  loon  as  tne  laid  to.vn  (hall  be  laid  of!  as  sforefaid  they,  and  each  ot 
1he.1t,  ihill  h  ive  power  to  take  fu'ofcriptions  lor  the  laid  lota,  ot  luch  perfons  as  are  w  illmg  to  fuMcribe  for  them  :  and 
■wnen  the  laid  directors  have  taken  lubfcriptious  for  eighty  lots,  or  upwards,  they  Ihall  appoint  a  day,  and  give  public 
notice  to  the  fu'jlcriier;,  of  the  day  and  place  appointed  tor  the  drawing  oi  the  faid  lot-.  ;  which  Ihall  be  done  by  hal- 
lit,  in  a  fair  and  opzn  manner,  by  the  directon,  and  in  the  prefence  of  the  majority  of  the  faid  directors,  at  leaft  ;  and 
loch  fubferib  r  (hall  be  intitled  to  the  lot  and  lots  which  Ihall  happen  to  be  drawn  for  him,  and  correfjrond  with  the 
ni  irk  or  number  contained  in  the  plan  of  the  faid  town  :  and  the  faid  directors,  or  the  majority  of  them,  Ihall  make 
»nd  execute  deeds  for  (Trancing  and  conveying  the  I  lid  one  hundred  acres  of  land,  in  half  acres  as  af.->refaid.  lo  the  fub. 
iciioers,  their  heirs  and  affigns,  tor  ever  }  and  alfo,  to  every  other  perlon  who  Ihall  purchafe  any  other  lot  or  lots  in 
the  faid  town,  at  the  coft  and  charges  of  the  laid  grantee  to  who  n  the  faid  lot  or  lots  fiiall  be  conveyed  ;  and  every 
perlon  claiming  any  lot  or  lots  by  virtue  of  any  luch  conveyance,  Ihall  and  may  hold  and  enjoy  the  fame  in  fee  fimple. 

IV.  Provided  neverthelefi,  mat  every  grtntee  of  any  lot  or  lots  in  the  faid  town  fo  conveyed,  Ihall,  within  three 
vears,  next  a'ter  the  date  of  the  conveyance  for  the  fame,  erect,  build,  and  finifllj  en  each  lor  Co  conveyed,  one  well 
fra  neJ,  or  brick  houfe,  fixteen  feet  fquare  at  the  leaft,. and  ten  feet  pitdi  in  the  clear,  or  proportionable  to  iuch  di. 
nicnli  ms,  if  luch  grantee  Ihall  have  two  or  more  lots  contiguous  :  and  if  the  owner  ot  any  lot  or  lots  (hall  fad  to  coin« 
p'y  with  the  directions  in  this  act  prelcribed,  for  building  and  finiflijng  a  houfe  ther<  on,  then  filch  lot  or 'lots  iipca, 
wiiic  1  Inch  houfe  Ihall  not  be  built  and  tinillied  as  aforel'aid,  Ihall  be  revelted  in  ilie  faid  directors  ;  and  the  faid  direciS 
or^,  or  a  majority  of  them,  may,  and  they  are  I  ereby  impovvered  and  authoriied,  to  'ell  luch  lot  or  lots  for  the  beft 
price  that  can  be  had,  to  my  perlbu  applying  f  >r  the  fa  :ie,  and  gnu  and  convey  fuch  lor  or  lots  to.fuch  perfon  or  per- 
to  is,  under  the  like  rules,  regulations,  and  redi  ifions,  as  the  lane  -was  "r  -v,*rf*  formerly  granted  ;  and  the  money 
ar  hng  from  Inch  tale,  be  applied  by  the  laid  directors,  or  a  m  ijoricy  o.  tnem,  for  the  benefit  and  improvement  ot  the 
(aid  town. 

Y.  Audi:  it  further  wJIed,  %  the  authority  aforefdidy  that  each  relpei^iye  luL-i'criber  who  fiiall  fubferihe  for  apj 


57 

'lot  or  lots  in  tV  faitftownj  (hall,  "  i  h'n  one  month  affpr  it  (hall  he  afcprrained  to  whom  each  of  the  faSd  lo's  doth  b*- 
long,  in  i::n  rhifi  ttfui  mtrlioiito  pa\  ai  d  laiiify  10  the  la  ti  directors,  or  one  of  tin m,  the  lum  of  fifty  Hid- 
ing ,  proc  imatmn  ncty.  for  ea,ch  J  t>y  him  fuDfcribecl  for  ;  and  in  cale  ot  the  refuial  or  neglect  of  ai:y  lubfcriber 
to  pay  the  laid  fu  n,  tne  i'jid  directors  ihall  *\id  m  ly  commence  and  pi  ofecute  a  fuit,  in  their  own  name,  tor  the  fame, 
auJ  therein  ihall  recover  judgment,  witn  coftsol  liiit  :  and  the  laid  directors  (hall,  as  foon  as  tney  reccve  the  (aid  mo- 
ney, pay  and  latisfy  to  the  f.ud  Benjamin  tVvrini,  his  :.e  rs  or  alilgns,  the  fum  of  forty-five  lliiliings,  proclamation  money, 
for  eac.i  lot  11  f  r  fatisfadipo  for  the  aid  bud  ;  and  the  other  five  (hillings  lhall  be  applied  towards  defraying  the 
expt-nceor  laving  oil' and  improving  'iie  [aid  town   as  a  majority  of  the  directors  flnll  think  proper. 

VI.  And  for  continuing  the  fucceiiio  1  of  the  directors,  until  the  laid  to  va  ihall  be  incorporated  ;  It  H further  enact- 
ti,  by  the  authority  aforejaid,  in  cafe  of  the  death,  refufal  to  ad,  or  removal  out  of  the  county,  of  any  of  the  iaid  direft. 
ors,  tnef-irvivin-T  directors,  or  the  mijoruy  otthem,  (hall  aflemble,  and  are  hereby  impo.vered,  tro.n  tune  to  time,  by 
inltrumentof  wtiting,  under  their  refpective  hands  and  Peals,  to  nominate  fome  other  perfon  being  a  freeholder  of  the 
lam  town,  iu  the  place  uf  him  lo  dying,  retuiing  to  act,  or  removing  out  of  the  cou  uy  ;  which  new  diredor  lo  nomi- 
nated  and  appointed,  mall,  from  thenceforth,  have  the  like  power  and  authority,  in  all  things  in  the  Matter*  hereia: 
contained,  as  if  he  had  been  exprelsly  na  med  and  appointed  in  and  by  this  ad. 

Vil.  Previdrd  >iev.rthcUfs,  that  ine  faid  Benjamin  IVynns  Hull  have,  to  his  own  ufe,  the  dwelbVig-houfe,  and  other 
eut  houles  therso  1,  with  Inch  lots  a  ne  (ht'l  c'tooie  adjoining  them,  not  exceeding  eig'u  lots,  excl  uive  of  the  faid  one 
hundred  acres  :  and  the  court  ot  the  (aid  county,  or  their  fuccedbrs,  (hall  not  have  power  to.  appoint  a  public  or  o- 
Iher  ferry  at  the  faid  town,  in  prejudice  to  the  faid  Benjamin  IVynns  ;  but  that  the  keeping  o*  the  faid  ferry  from  his. 
own  land,  on  the  north  fide  of  the  faid  river,  to  the  faid  town  ;  and  from  the  faid  town  to  the  north  lide  of  the  faid  ri- 
▼er,  lhall  be  and  remain  unto  the  faid  Benjamin  Wynns,ti\s  heirs  and  aiiigns,  until  he  or  they  (hall  refole  to  comply 
with  the  terms  by  law  prefcribed  tor  erecting  and  keeping  public  ferries., 

XI  George  III.     The  5th  of  December,  177a*. 

Chap.  XIII.  Anaclio  appoint  commijfioners  fo<-  finifhing  the  church   in  Wilminji ton,  'uttke.  room  and/lead,  of  John  Du. 

Eois  and  George  Wakely,  Efquirtf,  d'eceajed. 
\.  TTT7HEREAS  John  Dubois  and  George  Wakdy,  Eiquires,  to  f  ilre  co  rami  (Turners  appointed  by^aa-ad  of  AfTem. 
VV  bly,  intituled,  an  atl for  finifhing  the  church  *V  Wilmington*,  are  fmce  deceafed  ; 
Tt-  Beit  enacled,  by the  Governor,  Council,  ami  .4/Jenbly,  and  by  tin  authority  op  the  fame,  that  the  honouiahle  Lewi* 
■DeRo/ft,  Lfq  ;  and  Frederick  Gregg,  h'.q;  be,  and  thev  are  hereby  appoi  ted  commilhoners,  for  finiihing  the  church- 
inlVilminoton,  in  the  room  and  (lead  of  the  fad  Jolm  DuBois  and  Geo  ge  Wakely,  Elquires.  decealed  ;  and  the  com- 
niillioners  by  this  aft  app  linted  are  herebv  vetted  with  the  fame  powers  and  authorities,  and  ihall  be  fubjed  to  the 
lame  rules  and  reitridions,  as  the  coinm  fliontrs  appointed  by  ti.e  ad  herein  before  recited  were  veiled  with  and  fub. 
Jed  to.     »/>.  29 

C«  «P.  XIV-    /fit  ad  to  eftablifba  public  irfpeBtarnf  Tobacco  in  the  county  of  Johnlkm. 
L   V  T  7HEREAS  the  eftab'ilhing  a  public  infpeQfon  of  tobacco  in  the  county  of  John/ion  will  encourage  commerce, 
VV   promo  e  indnftry,  and  be  advamagt  i  us  o  marly  planters  and  others  in  the  faid  county  ; 

II.  Be  it  therefore  emitted,  by  the  &6ver nor,  foimctl.and  -iffimvly,  and  by  the  authority  if  the  fame,  that  the  Jufttces 
ef  the  laid  county  tfJohaJtmOuNL',  and  arc  hereby  impowereJ  and  directed,  to  caufe  to  be  built  and  ered?d  a  uare- 
fcoufe,  and  other  conveniences,  fit  and  neceflhty  for  the  reception,  inlpecbon,  and  fafe-keeping  of  tobacco,  at  the  frrry, 
on  the  laud  of  Capr.  $b)  n  Smith,  on  Neufe  river  ;  andthe  lame,  when  fe  budt  and  erected,  (hall,  and  is  hereby  declared 
to  be  a  public  ware  i  oule,  for  the  reception  and.  i'^pedion  of  tobac:o-. 

III.  And  be  it  further  enacled,  by  the  author  itv  afore/aid,  that  the  juftices  of  the  faid  county  of  Johnfton  Thai',  from 
time  to-  time,  appoint  infpeftors  to-  attend  the  faid  infpedion,  ad  aicei  tain  their  filaries,  and  order  and  dirtd  how 
Che  fajd  inlpedors  (hall  give  t  eir  at-endance  at  the  faid  warehiufc  j.  which  faid  in  pectors  fha'l  he  under  the  lame- 
cegulations,  rules,  and  r< Ori.lion^and  entitledto  the  fame  emol  unit  nts,  as  are  by  law  appointed  for  inlpedors  of  tobac- 
co in  this  province..    7  let  tjt  Obfilete.- 

— —        —  >} 

Chap.  XVI.   An  atl  for  the  better  fettling,  reguliting,  and  improving  the  town  of  Beaufort,  in   tie  county  of  Carteret,. 

and  for  annexing  Octacock  iflanit  to  the  /aid  county. 

I.  TT7HFREAS  the  laws-hitherto  made  for  regulating  the  town  of  Beaufort,  have  been  found  inconvenient ;  far 

VV    remedy  whereof, 

II.  Be  It  enacled,  by  the  Governor,  Council,  and  dffembly,  and  by  the  authority  of  the  fame,  thftt  from  and  at'  r  the 

puiling  of  this  act,  William  Thompfon,  William  Cole,  William  Robinfon,  Jofeph  Bell,  jun.  and  John  Eflffon,  gei  tlemen,  (halt 

be,  aad  ace.  heftby    3£owate4  cotuwifiione«  at  the  laid  town  :  and  iacal'e  of  Uicirj.or.an^  oi  luem,  djm^  rciucvtHii 


5* 

vr  refilling  to  q>iaVfy  as  fuch,  it  fia'l  and  may  be  lawful  for  the  remaining  p-^,  nr  a  majority  of  them,  by  and  with 
the  coot  ■.'iit  an  i  approbation  of  the  coumy  court,  to  nominate  and  appoint  another,  in  the  room  of  fuch  dying  or  remr  v. 
ing,  or  rtfuiii  g  to  quality  :  and  that  the  f.ud  conitnifiicners^  and  each  o:  tbcm,  Ihall,  before  entering  upon  their  Lid 
office,    take  the  Mrovnnfc  oath  : 

1A.   B.  afe  ) -.near  taat  1  will  execute  the  office  of  a  comiv'ffirnfr  for  the  tow-:  '/"Beaufort ,faitlfu\iy ,  irrtparfiaUy,  and  truly, 
■without  favour,  affection,  or  prejudice  ;   and  that  I  unit,    t->  the  Utraoft  oi  my  power,  ill  uii  things,  ait  for  the  good  of  thf 
/.aid  town  and  the  well  governing  ef it,  to  Ihebsftof  my  fkitl  ond  judgment.  SO  H&l  P  MK  ~CD. 

Which  (aid co-nmilT»oners, after  lo  fworn  and  qualified;  (hill  proceed  to  choife  one  out  ot  the  number,tobe  atrealure? 
of  the  faid  town  ;  into  whofe  hands  ail  the  mo  lies  arjfiiTg  by  tne  fale  of  lo  s  in  the  (aid  town,  or  oihenvife  howfoever, 
anfing  or  becoming  due  to  the  laid  town  fhaii  be  paid  ;  and  there  kept  till  dilpoled  oi'  as  herein  after  directed. 

III.  And  be  it  further  enjcl;d,bv  the  authority  aforefaid,  that  the  ('aid  r,rea!urer,  before  he  enters  upon  the  executi- 
on of  his  olhce,  Ihall  give  bond,  with  two  fnfficient  fertilities,  in  the  fu-n  of  two  hundred  pounds,  proclamation  money, 
to  the  cooiroifiioners  of  the  laid  town,  and  their  fuecellors,  fcr  the  faithful  discharge  of  hi>  fiid  office. 

IV.  And  whereas  in- dry  dilputejmay  hereafter  an  fe  concerning  the  rules 'of  lots  in  the  laid  tcvvn  of  Etaufort,  and 
thr  bounds  thereof  ;  leit  enatlca,  by  the  authority  afaref  aid,  that  the  cotnmiflioners  hereby  appointed,  and  their  due- 
ceflbrs,  are  declared  to  have  a  good,  abfoiute,  and  jndefeafible  eilate,  in  fee,  in  the  two  hundred  acres  of  laud  laid  out 
for  the  (aid  town  of  Beau'ort,  in  trad  and  confidence,  and  to  and  for  the  nit*,  intents  and  purpoies,  as  hv  an  atSj  inti'u. 
led,  an  acl  for  incorporating  the  fea  port  of  Beaufort,  in  Carteret  precin-1,  into  n  twfbtp  by  the  it-Wif  of  Beaufort, or  fo 
much  of  the  laid  ait  as  is  uov  in  force  :  and  the  commiifoiiers  by  tnis  act  appointed,  are  hereby  declared  to  have  a 
good,  abfoiute,  and  indefealible  eitate,  in  lee,  in  ail  fuch  lots  within  the  f  nd  'own,  which  h.ive  1191  been  dilpoled  of  by 
the  former  proprietors  orcommiifioners,  and  built  upon  or  impro  -ed  agreeable  to  law,  in  truft  and  confidence:  and  to 
and  for  the  tiles  in  this  act  mentioned  :  and  all  and  every  peribn  and  perfons  whatfoever,  who  have  heretofore  pur- 
chafed  and  paid  for  any  lot  or  lots  in  the  (aid  town,  and  have  fully  complied  with  the  conditions  oi  their  deed  or 
grant,  and  the  law  for  building  and  improving  thereon,  or  who  may  nereai'ter  pjrcliafe,  pay  for,  and  fully  comply 
with  the  law  for  building  and  improving  thereon  are  hereby  declared  to  be  inverted  witn  a  good,  abfoiute,  and  tnde« 
tfealible  eflate,  in  fee,  to  fuch  pprfoh  c-r  perfons,  and  to  his  and  their  heirs  and   afligns  forever, 

V.  And  whereas  the  fettlement  of  the  faid  town  of J$eaufotl  hath  been  much  rttarjkd  by  rerfons  taking  up  lots  in 
the  laid  to  vn,  and  no.  bailding  thereon  as  required  by  law  ;  be  it  nutted,  by  the  authority  i  fore/aid,  that  lie  com. 
midioners  of  the  laid  to.vn  for  the  time  being,  or  any  of  them,  are  hereby  authorifed,  impowered,  directed,  and  re- 
quired, to  grant,  convey,  and  acknowledge,  under  the  reftrictions  and  limitations  I  erein  after  mentioned,  to  any  per- 
(on  requiring  the  fame,  and  to  their  heirs  and  alljgns  for  ever,  in  fee-limple,  any  lot  or  lots  oi  land  within  the  faid 
t».vn,  not  already  taken  up  and  built  on  agre.ible  to  the  laws  heretofore  made  (or  regulating  the  faid  to.vn  ;  or  an/ 
lot  or  lots  that  may  hereafter  be  liable  to  he  taken  up  for  want  of  building  on  as  is  by  this  ai't  directed,  he  or  the)  pay- 
ing thirty  (hilling;,  proclamation  money,  for  the  purchafe  ;  twenty  (hillings  of  which  Ih  ill  be  paid  to  the  proprietor  of 
the  faid  land,  and  ten  (hillings  10  the  churchwardens  of  the  panfh  gf  St.  7A'i's,  for  and  towards  bujdjing  a  church  in 
the  faid  town 

"  V(.  Provided  n?vertbele/j,  that  where  any  perfon  or  perfons  fliil!  hereafter  take  up  any  lot  or  lots  in  the  fiid  town, 
and  Ihall  not  build  thereon,  or  caufe  to  be  bu  It,  within  two  years  from  the  date  of  their  conveyance,  a  good  habitable 
brick,  (tone,  or  framed  iioufe,  with  a  brick  or  (lone  chimney  thereon,  not  of  lefs  dmienlions  ihan  twenty  feet  long, 
fifteen  feet  in  width,  and  eight  feet  in  height,  between  the  flrll  floor  and  thejoifts,  in  proportion  for  each  and  every 
lot  and  lots,  or  make;  fuch  preparations  for  lo  doing,  as  the  commiflioners,  or  a  majority  ot  them,  Ihall  judge  reafona* 
ble  to  feenre  the  fame  f except  where  the  titles  of  fuch  lot  or  lots,  before  the  expiration  of  the  time  for  building  there- 
on,flnll  fall  to  a  minor  or  minors)  every  fuch  conveyance  ihitl,  and  is  hereby  declared  nail  and  void,  and  of  no  eflVcr, 
info  much  as  if  the  fame  hid  never  been  mile  ;  and  the  fame  lot  or  lots  (hail  be  free  and  dear  for  any  other  perfon  to 
take  and  parchafe,  in  mariner  and  form  aforefaid  ;  and  all  monies  ar. fug  by  the  fecond  or  other  fale  ot  the  laid  IpU 
liiall  be,  did  is  hereby  approp'-'ated  and  applied  for  the  building  of  a  church  in  the  laid  town. 

VII.  And  whereas  the  plan  formerly  taken  or  the  faid  to.vn  hath  been  found  inaccurate,  irregular,  and  confined  ; 
i;  it  enucled,  by  the  authv  i'.y  afore/aid,  that  the  plan  produced  at  the  time  of  palling  this  act,  containing  the  follow  ng 
coui  fes,  t>  -J)it  beginning  at  a  cedar  poll,  in  Polhci  ftseet,"and  running  along  the  water,  north  fifty  eight  degrees 
.weft,  agreeable  to  that  part  of  the  plan  called  the  old  town,  and  beginning  at  the  cedir  port,  and  running  Couth  fifty 
eight  degrees  eait  agreeable  to  that  part  of  the  plan  called  the  ue«v  town,  (hall  be  and  remain  as  the  proper  plan  of  'he 
(aid  town  and  lodged  in  the  regiiters  office  for  die  laid  county  of  Carteret,  where  perfons  at  any  time  may  have  re- 
courfe  to  the  fame:  and  for  defraying  the  exper  ce  attending  ihe  procuring,  taking,  aid  running  out  the  (aid  tow  nf 
town  hnds,  and  plan  fo  as  aforei  ud,  the  commifikihers  fliall  and  may  order  the  treasurer  of  the  faid  town,  out  gt 
the  monies  he  fhall  nave  in  Ills  hands,  o  pi,'  fuch  lu  n  or  luns  as  tiiey  may  think  reamnable,  to  the  parties  who  attend- 
ed taking  the  lame  :  and  the  fain  commilii  m  r:  .ire  hereby  impowered  to  account  wiili,  take  and  receive,  (or  the 
'  ule  of  the  faid  town,  all  fuch  inn  or  (  1  nsof  mo  ley  that  now  are  in  the  hands  of  any  form  r  commiflioner  or  commifii- 
oners,  trealurer,  or  otlier  per, on  whatfoever,  cither  for  the  fale  of  lots,  or  Otherwife,  and  finally  toadjutt  and  fet» 
tie  the  fame  :  and  that  tro  n  and  ifrer  the  pilling  rhii  a:t,  t.ne  treafureV  for  the  time  being  (hall,  and  is  hereby  requir- 
ed, annually,  t  >  acrouit  -\  ith  the  in'eror  co  irt  of  p!ei«  and  quarter  fellicns  for  the  faid  county,  for  all  fuch  dims  of 
aaoaey  as  hs  Ihall,  for  the  U\-i  d  lo;»  ha.'e  received  j  which  money  (hall  bt:  applied  in  the  following  manner  j.that  is  to. 


"S9 

f?ay,  twenty  fh'l'ings  rWfacli  and  every  lot,  to  the  life  of  the  proprietor,  his  heirs  and  affigns  ;  t?n  fhillings  for  and 
to  var  ;s  bqild  ng  a  c'nurch  i:i  the  fa  id  town  ;  and  the  remaining  monies  accruing  bv  means  of  this  a&,  afwr  defraying 
t'-,e  cunii'gpi.  charges  i  Hd  town,  fuch  as  the  faid  commilfioiiers,  or  the  major  part  of  then>,  lhall  think  reafon- 
sb!e,  Hull     m  like  manner,   be  applied  towards  building  a  church,  and  keeping  the  fcrre  in  repair  as  atorcfaid. 

Vllu  And,  whereas  the  aild'.ving  of  hdgs  to  run  at  large  in  the  laid  town,  is  found  to  be  a  gieat  nufance  to  the  in- 
lii'ni-.aiits  thereof  ;  be  i:  enured  by  the  authority  aforefaid,  that  none  of  the  inhabitants  of  the  laid  town  Hull,  on  any 
pi;eii  ice  w'liJtfo'ever,  fuSer'any  hogs  to  run  at  large  witnin  the  bounds  of  the  faid  town  ;  and  any  hog  or  hogs  fo  run. 
ning  at  la  ge  is  a  fin  tt  id,  (hail  be  forfeited  ;  one  half  to  the  perfon  who  flnli  leize  or  kill  the  lame,  and  the  other 
to  the  churchwai  iens  of  St.  John's  parilh,  for  tne  ufe  of  the  faid  parifh.  ' 

IX.  And be  if  further  enafted  by  the  authority  aforefaid,  that  the  commiffioners,  or  a  majority  cf  them,  fliall  ap- 
point  anove;feer  every  tint  '/u-'d-y  in  January,  annually,  for  the  faid  town  5  which  overleer  lhall  lummons  all  male 
taxabtes,  inhabitants  thereof,  tocL-ar,  repair,  ami  keep  in  order,  the  flreets,  lanes,  and  pafiages  belonging  to  the 
(aid  town  :  ani  any  perlon  refuting  or  neglecting  to  work  on  luch  fummons,  or  to  furnifh  a  good  and  lufiioent  hand 
or  hands  in  hi„  or  their  place,  with  proper  tools  to  work  with,  fhall  foifeit  and  pay  two  findings  and  c ight-pcrxe, 
proclamation  money,  p?r  Jay,  for  every  day  lie  or  they  fliall  fo  refufe  or  neglect  ;  to  be  recovered  in  the  lame  man- 
ner as  the  hits  and  forfeitures  are  to  be  recovered  by  overfeers  of  the  roads  ;  and  the  monies  fo  recovered,  lhall  be 
applied  to.vards  hiring  labourers  to  clear  and  repair  the  ftreets,  lanes  and  paiiages,  or  any  other  public  work  to  be 
djic  in  tne  'aiJ  town  ;  and  every  overfeer  appointed  asaforefaid,  refilling  or  neglecting  to  ferve  as  overfeer  of  the 
faid  town,  lhall  Jorfeii  and  pay,  for  every  day  lie  io  reluies  or  neglects,  ten  fhillings,  proclamation  money,  to  be  re. 
covered  and  applied  asabove. 

X»  And  be  is  further  tnacled,  by  the  authority  aforefaid,  that  any  perfon  exempted  by  law  from  working  on  pub- 
lic roads,  flnli  no:  be  themlelves  compelled  to  work  on  the  Itreets,  lanes,  or  pafiages,  in  the  laid  town  ;  and  that 
the  inhabitants  of  the  laid  to u\\  lhall  be  exempted,  and  for  ever  hereafter  excuied  from  working  on  county  public 
roads,  du'  ing  the  time  they  lhall  live  in  the  laid  town,  and  no  longer. 

XI.  And  be  it  further  enaded,  by  ihe  authority  afore faid,  that  if  aBy  tavern  keeper,  ordinary  keeper,  or  retailer  of 
iiqjors.  or  keepers  of  public  houfesin  the  laid  town,  fhall  fuller  any  perfon  or  perians  whatfoever,  to  fit  tipp'ing  or 
drinking  in  Us,  Iter,  or  their  houfe,  in  the  time  of  divine  fervice,  on  the  labbith  day  ;  or  lhall  fuffer  any  perfon  or 
perlons  ic  get  drunk  in  his,  her,  or  their  honfe,  liich  perlon  or  perfons  to  offending,  lhall  forfeit  and  pay  twenty 
Shilling*,  proclamation  money,  for  every  fuch  cftVnce  ;  to  be  recovered  by  a  warrant,  under  the  band  and 
feal  of  any  jufiice  of  the  Peaielor  the  faid  county  of  Carteret,  and  be  paid  into  the  hands  of  tlie  treafurer  ol  the  faid 
town. 

XII.  And  be  it  further  ettailed,  by  the  authority  aforefaid,  that  wherever  any  perfon  or  perfons  lhall  be  found  quar- 
relling or  fighting  within  the  laid  town  or  townfhip  of  Beaufort,  in  v'ew  of  any  of  hi,  Majefty's  Juitices  of  th  e  Peace, 
or  Ih  all  b"  convicted  thereof,  by  the  oath  of  one  credible  witnefs,  fhall  forfeit  and  pay,  lor  every  fuch  offence,  the 
fum  ot  twenty  (hillings,  proclamation  money  ;  and  in  default  of  luch  payment,  fliall  fuffer  twenty  four  hours  imprif- 
onment,  in  the  common  gaol,  or  be  put  into  flocks  for  the  fpace  of  two  hours,  or  longer,  as  the  direction  of  the  Juf- 
tice  itnll  l'eem  meet  :  provided  the  information  be  made  within  twenty. four  hours  afrer  fuch  offence  lhall  be  committed. 

XIII.  And  for  the  better  regulating  the  town  of  Beaufort,  Beitenacl-d,  by  the  authority  aforefaid,  that  the  laid 
fommillio.icri,  or  a  majority  of  them,  fhall  have  full  power,  and  lawful  a  uthcrity,  to  pais  luch  neceflary  ru'es  and 
orders,  as  to  them  fhall  feem  meet,  for  removing  ail  nufances  within  the  bounds  of  the  fa:d  town  ;  for  perfons  to 
remove  dirt  and  rubbifJi  from  before  their  doors  ;  to  grub  and  clear  their  lots  ;  for  pulling  down  all  wooden  chimnie* 
already  built  in  faid  town,  and  prevent  the  building  thereof  for  the  future,  jn  order  to  prevent  danger*  by  fire,  pro- 
vided that  fijt  months  notice  be  given  to  the  owners  of  lucii  chimnies  as  are  already  built,  to  pull  down  the  fame  ;  and 
for  all  other  things  as  may  tend  to  the  advantage  of  the  faid  town,  io  as  the  fauie  be  not  repugnant,  but  as  near  as 
may  be  agreeable,  to  the  laws  of  England  and  tins  province. 

XIV.  And  be  it  further  mailed,  by  the  authority  afore/bid,  that  all  fines  and  forfeitures  in  this  acl  mentioned,  the 
recovery  of  which  is  not  otherwile  directed,  fliall  be  by  a  warrant,  under  the  hands  and  feals  of  the  commdfioners, 
or  a  majority  of  them,  directed  to  any  fwoi  11  officer  of  the  county  of  Carteret  to  convene  luch  delinquent  or  delin- 
flUents  before  them,  at  a  certain  day  mentioned  in  the  faid  warrant  ;  ar.d,  on  conviction,  to  give  judgment,  and  a- 
ward  execution  for  fuch  officer  to  levy  the  faid  line  or  forfeiture,  by  diftrefs  and  lale  of  the  oifender's  goods  and  chat- 
tels :  which  faid  fines  and  forfeitures  fuch  officer  lhall  pay  into  the  hands  of  the  treafurer  of  the  laid  town,  as  part 
of  the  com  non  ftnek,  and  be  applied  as  in  this  ait  before  directed. 

XV.  And  tor  tne  further  encouragement  cf  she  fiid  town  of  Beaufort,  Be  if  entitled,  by  the  authoi  iiy  aforefaid,  that 
the  regifter,  clerk,  and  merift,  of  the  faid  county  ot  Carteret,  fhall,  and  are  hereby  directed  and  r<  quired,  to 
keep  their  reflective  offices  in  the  fad  town  ;  on  penalty  of  ten  (hillings,  proclamation  n;oney,  for  every  week  they 
fhall  neglect  the  lame  ;  to  be  reo^erscl  before  any  juitice  ot  the  faid  county  of  Carteret,  by  any  perion  who  fliall  iue 
for  the  fame  :  and  all  elections,  general  niufters,  and  other  public  bufinelt  of  ihe  like  nature,  belonging  or  appertain* 
ing  to  the  county  of  Carteret,  fliall  he  held  and  done  in  the  faid  town,  and  at  no  other  place  whatioever. 

XVI.  Provided  always,  that  nothing  herein  contained  lhall  be  conltrued,  deemed,  or  taken,  to  fubJFCt  *he  cie.k, 
fheHfjF,  orregilkr,  to  the  penalties  before  inflict;  d,  in  cafe  it  fliall  be  adjudged  neceffary  lor  the  records  oHhc  rg- 
fceQjvfi  offices  to  be  removed,  by  order  of  the  interior  court  of  CurtsrcU 


^o  ■ 

XVII.  And  that  due  regard  may  hi  pa'id  rot.be  order?  that  maybe  made  or  siven  by  the  commiffioners  of  the  fai<$ 
town  of  Beaufort,  Be  it  enacled,  by  the  ottthta  .iy  tjcrtfajia,  :l  a.  li.e  fci.ii.llci  us  of  the  faid  town  for  tne  time  bem-f, 
or  a  majority  ot  them,  (hall  have  full  p-nver  and  aurhnritj  to  lay  fuch  hue  on  any  perfpn  i  r  ptnons  that  (hall  refufe  or 
reelect  to  obey  any  of  (he  rule?  and  orders  that  (hail  be  paflc-d  by  the  f'id  comjiiiflioners,  or  a  majority  of  them,  for 
the  better  regulating  the  fad  town,  .is  they  (hall  trunk  fit,  hoc  exceedings  ESn  (hillings,  proclamation  money  ;  arid  on 
refuial  or  neglect  to  p-iv  ttie  fame  itn  nediately,  toiJ'j-  tie:r  w.ar.ram,  to  any  (worn  officer,  to  levy  the  lame,  bydif- 
trefs  and  fale'of  the  offender's  goods  and  chanels ;  tne  like  proceedings  being  firit   had,  as    bt-fore  directed  lor  the 

.cemmiflioners  to  oblerve  in  the  recovery  ot  fines  impofed  by  this  act. 

XVIII.  See  N.  C  L.  p.   248. 

XIX.  And  be  it  further  envied,  by  the  authority  a  fare  fail,  that  all  and  every  other  act  and  act?,  claufe  and  cjaa« 
Jes,  article  and  articles  thereof,  heretofore  made,  or  lo  much  thereof  as  relates  10  any  matter  or  thing  within  the 
purview  of  this  act,  are  herebv  repealed  ami  nade  vo.d,  and  of  no  effect. 

Chap.  XVil.  An  acl  Jor  the  tegulation  of  the  toiun  o/Salifbury,  fecuring  the  inhabitants  in  their  poffejjions,  and  to  en. 

courage  the  Jettlement  of  the /aid  town. 
I,     TT  7HEREAS  the  erecting  and  eftabliihing  the  town  of  Salijbury  haih  been  found  highly  beneficial  and  conven- 
VV    ient  to  the  inhabitants  ot  the  Weftcrn  parts  oi  this  province,  and  the  fame  being  a   healthy  piealaiu  liuia- 
tion,  well  watered,  and  convenient  for  inland  trade  ; 

II.  Be  it  enacled  by  Governor,  Council,  and  Affembly,  and  by  the  authority  of 'the  fame,  that  the  to  jvn  aforefaid  cal. 
Jed  Salijbury ,  and  the  common  belonging  to  the  faid  town,  Iyirg  on  each  lide  of  tiie  wi/ltern  great  road,  leading 
through  the  frontiers  of  this  province,  null  be  bounded  and  circumfcnbed  as  by  a  plan  annexed  to  a  deed  cf  convey- 
ance granted  by  the  agents  ot  the  right  honourable  John  Earl  Granville,  to  William  Churton  and  Richard  diggers,  and 
bv  them  conveyed  to  James  La'ter  and  Hugh  bojter,  as  truftees,  for  tne  ule  ot  the  j'dlxes  Icr  the  county  of  Rovjji, 
and  other  pm  poles  in  the  faid  deed  expreited,  containing  fix  hundred  and  thirty  five  acres  of  tand,  duly  lecorued  a  d 
regiltered  in  the  county  ot  A  row  at  for  el  aid  ;  which  plan  lhall  be,  for  ever  heterUtr,  the  true  and  exact  plan  ~ivd 
boundaries  of  the  faid  town. 

III.  A  d  be  it  further  enacled.  by  the  authority  aforefaid,  that  after  the  palfing  of  ih?s  act,  the  fuperior  court  of  jiuTice, 
to  be  held  lor  the  diftrict  of  Salflury,  and  c  unty  courts,  the  election  ot  reprtfeinauves  10  be  ft  nt  to  the  General  Af- 
fembly for  the  borough  oi  Salijbury,  and  county  of  Rowan,  the  election  cf  i'eftrymen  for  the  pjrifb  ol  5'/.  Luke,  and  all 
*>the  r  public  elections  for  the  laid  borough  or  county,  fliall  be  made  and  held  in  the  town  01  Salij!uryx  auu  at  no  other 
place  ;  any  law,  ufage  or  cuttom  to  the- contrary  notwithllandmg. 

IV.  And <bs  it  Jurthtr  enacled  by  the  authority  aforefaid,  that  the  fheriffof  he  c  urry  of  Rowan;  the  clrrk  of  the 
comt  for  the  faid  county,  and  the  regifter  of  the  laid  county  for  the  time  being  lhajj  hold  and  keep,  their  rcfc-e&iv.e. 
offices  in  the  faid  town  oi  Salijbury. 

V.  And  be  it  further  enacled,  by  the  authority  aforefaid,  That  Mr.  William  Stet  I,  Mr.  John  Dunn,  Mr.  P-raxivell 
Chambers,  Mr.  John  Levjis  Beard,  Mr.  Thomas  Frohock,  Mr  William  Tetnfje  Colesy  Mr.  Mathtw. Froy,  Mr..  Peter 
fitp  tW.  J  mesKer,  Mr.  Alexander  Afartin,  and  Mr.  Danid  Little,  be,  and  are  hereby  appointed  commlUioners  of 
the  faid  town  ;  and  they  or  a  majority  cf  rhem,  jhail  have  the  lame  pov.  eratid  authority,,  as  the  cui.mliioners  to  he 
<hcfen  by  this  act  fliall  or  may  have,  and  be  fubjedt  to  the  fame  penalties. 

VI.  And  be  it  further  enacled,  by  the  authority  ajore/aid,  that  the  ccmmlliinners,.  or  the  majority  of  them,  are  here- 
by directed  to  ill'ue  their  wairantj  at  liich  times  as  to  them  lhall  teem  idi  et,  to  the  overftns  ot  the  roads  and  ftreeti 
within  the  laid  town,  and  the  town  common,  to  warn  all  the  male  taxabies  v.  it.  in  the  borough  of  Si'lio  ury  aforefad, 
and  the  iinertie<  granted  ihe  fa.d  borcugh  by  charter,  to  clear,  repair,  a  d  pave  the  ilreets  :  and  any  perl  on  neglect- 
ing or  ret  jfing  to  work  as  directed  in  the  laid  warrant,  or  to  furnifb  a  good  and  fwfficieut  band  in  his  or  their  plact  with. 
proper  tools,  lhall  forfeit  and  pay  tw  o  ihillings  and  eight  pence,  pr  idamation.  money,  per  day,  for  every  day  he  lhall 
fo  refufe  or  neglect  :  and  if  any  perfon  fo  appointed  overieer,  ftiaH  ret  ule  or  neglect  to  lerve  as  fuch,  he  or  they  lhall 
forfeit  and  pay  forty  (hillings  proclamation  money,  per  day,  for  every  day  he  Hull  fo  refufe  or  neglect  ;  to  be  reco. 
vered  bv  warrant  from  under  the  hands  and  feals  of  the  commhlioneEs,  or  a  majority  o!  them,  wherein  lhall  benoap- 
jjsal  granted  ;  and  the  monies  io  recovered,  lhall  be  applied  towardi  clearing  and  repahing  the  ilreets,  or  any;  q, 
ther   public  work  in  the  faid  town. 

VII.  And  be  itjitrther  enacled,  by  the  authority  aforefaid,  that  th*  commilTioners,  or  the  majority  of  them  fliall  de. 
termine  all  complaints  of  nufances  lying  npo..  the  ltreets,  dangers  of  hre  arili  ig  from  wooden  chimnies,  or  any  fuch  ha. 
zardous  buildings,  and  pas  orders  for  the  removal  ol  futh  nulances,  and  other  matters  that  Hull  or  mi/  inco  nmode, 
hinder  or  interrupt,  a  free  pafiiige  thro'  any  of  the  ftreets  ot  the  faid  town,  either  for  cajvia£res,.horle  r,r  tcotm?n  :  and 
that  no  perfon  lhall  lay  down,  or  place  any  filth,  ftraw  or  rubbifh,  in  any  of  the  feid  ftrcct^,  except  fcan.ling,  or  ltone, 
brick,  or  materials  for  building,  which  lhall  or  may  be  intenJed  immediately  for  ule  ;  and  in  iticn  cafe,  luch  iriateriajs- 
tobe  placed  aa  near  as  reafonably  may  be  to  the  foundation  of  fuch  intended  building  ;  on  penalty  of  forfeiting  ten. 
Ihillings  proclamation  money,  for  each  and  every  offence  ;   to  be  recoveted  and  applied  in  manner  aforefaid. 

VIII.  And  be  it  further  enacled,  by  the  authority  af or  faid,  thut  the   owner  or  o.vnei  s,  or  pofJeflbr  of  any  lot  or  lots. 
pr  pan  ol  &  la  within,  the  original  plan  of  the  laid  town,  and  adjoining  the  two  main  ilreets  called  Corbm  ftreet^  autf 


6j    ■ 

Imtls  ftreeti  sndthe  two  other  ftreets  running  parallel  with  the  aforeiaid  two  main  ftreets,  mall  grub,  clear,  open, 
and  indole  with  rails  or  ports,  and  rail  fence  fuch  their  refpective  lots,  at  their  own  coih  and  charges,  within  twelve 
months  after  the  paifmg  of  this  act,  and  (hall  keep  the  lame  clean  and  open  on  penalty  of  ten  killings  proclamation 
money,  for  each  and  every  offence.  And  that  no  perfon  (hall  build  or  ereft any  piazza,  porch,  orbalcdny,  fronting 
or  adjoining  the  ftreets  of  the  fad  town,  exceeding  fix  feet  in  width,  from  the  houfe  to  which  fuch  piazza,  porch, 
or  balcony  adjoins  ;  on  penalty  of  five  pounds  proclamation  money,  tor  each  and  every  offence  ;  to  be  recovered  by 
action  of  deb;,  in  the  interior  court  of  picas  and  quarter  fflffions,  to  beheld  for  the  laid  county,  by  any  perfon  who 
ihall  fue  for  the  fame.  Provided  iuch  prolncuucn  be  commenced  within  two  years  after  the  committing  fuch  offence  ; 
to  be  applied  as  aforefaid* 

IX.'.:.  .her  enacted,  by  the  authority  ai 'jrefaid,  that  no  inhabitants  of  the  faid  town  ihall,  cr.  any  pretence 

whatsoever,  keep  any  hog  or  hogs,  fhoae  or  y\jg§,  running  at  large  within  the  bounds  of  the  faid  town,  en  penalty 
of  forfeiting , fuch  hog  or  hogs,  iihoat  or  pig,  and  paying  the  fum  of  twenty  millings,  proclamation  money,  to  the 
party  .aggrieved  ;  end  further,  th.u  it  OialJ  and  may  be  iawf.jl  for  any  perfon  whatever,  after  the  tenth  day  of  March 
next,  to  (hoot,  kill,  or  otherwile  ileltroy  fuch  hog  or  hogs,  ihoat  cr  pig,  lo  running  at  large  within  the   faid  iown. 

X.  And  to  prevent  dangers  ar. ling  -by  fire,  bb  it  enabled,  by  the  authority  aforeiaid,  that  each  and  every  houfe- 
holder  within  the  faid  to  k  n  of  Saltji  toy,  fhall  proem  e,  or  canfe  to  be  procured,  two  fufficient  leather  buckets,  and 
a  ladder,  and  kecpthe  <Ume  in  nc  inual  readme  fs  againiL  any  alarm  that  may  be  given,  occafioned  by  tne  breaking 
out  of  fire  at  any  time  in  the  laid  i  >•>  n  ;  on  penalty  of  paying  twenty  ihillings  proclamation  monej. 

XI.  And  whereas  the  too  frequent  cuilom  of  uiiajoderate  ■riding  of  hories,  and  driving  of  empty  waggons  and 
carts  in  and  through  the  laid  to.\  n  i>  found  I  i  have  a  very  dangerous  tendency  :  to  prevent  which,  hi  it  enabled,  by 
."  ■  authority  aj or ejaid^  that  no  perfon orperfons,  from  and  alter  tne  paflingof  this  act,  on  any  preiencc  whatever 
lhall  immoderately  ride  or  lirain  any  horfe  or  in  <re,  or  drive  any  empty  waggon  or  cart  in  or  through  the  faid  town 
on  any  of  the  itreets  thereof  ;  on  penalty  of  forfeiting  and  paying  the  'um  of  five  ihiilings  proclamation  money,  for 
e.ichand  ev  try  create  ;  tube  recovered  by.  warrant,  from  under  the  hand  and  leal  of  any  J  alike  of  the  Peace  of  the 

fuidj  COU!i[y. 

XII..  And  for  the  better  and  more  effectual  fecurinfr  the  titles  of  the  feveral  lots  in  the  iasd  town  in  the  poffeffors 
thereof  ;  be  it  enabled,  by  the  authority  afore/aid,  tl .».  all  titles  heretofore  made  to  any  lot  or  kts,  or  to  any  part  of 
a  lot  (except  cue  lot  in  the  faid  to  .vn,  heretofore  received,  and  known  by  the  name  of  the  burying  ground,)  by 
J 'ames Carter,  and  Hugh  loftier,  trufiees  aforeiaid,  to  any  perfon  or  perlons,  the  fame  being  duly  regillered  ;  and  ail 
lities  made  by  the  Uvi  Hugh  Ftfter  fince  the  death  of  the  laid  Jamei  Carter,  and  regiftered  as  aforeiaid,  fhall  and  is 
hereby  declared  to  be  good  and  valid  in  law,  to  any  iuch  purchafer  or  purchafers,  their  Ldrs  and  aifigus  :  any  law, 
ulage,  or  cuilom  to  the  contrary,  nctwrhltand.ng. 

XIII.  And  whereas  the  relet;  to-feveral  lots  lying  and  being  in  the  town  of  Sitlljbury,  hare,  by  reafcr.  of  the  deeds 
nqt.being  duly  regiftered,  and  other  circumftances,  been  brought  mco  difpute  ;  be  it  therefore  enabled,  by  the  authi* 
lity  .rfvrj.iid,  that  all  deeda  of  lets  of  land,  lying  and  being  in  the  laid  town  of  Salifcitry,  v.  hich  fhall  be  regiftered 
within  :>.o  years  from  the  palling  of  this  aft,  fliall  be  good  and  Jufrlcitnr  in  law  for  fo  much  as  they  v.  ere  intended 
:o  c\>nvey  >  and  i':  ill  have  every  effect  tnat  they  could  have  had  if  they  had  been  regiftered  v.ithin  the  time. by  any  aft 
of  Alitmbly  directed  for  the  favingof  the  find- lots  to  the  proprieiCrs. 

XIV.  And  be  it  enr.cled,  by  the  authority  afire/ 'aid,  that  no  pclieffion,  except  under  deeds  from  the  commif- 
i:  >  :e;  s  of  .the  laid  town,  ihall  operate  to  give  a  title  to  any  periods  who  have  occupied  or  improved,  or  who  no.v  oc- 
cupy and  io>prove  rhch  lots,  againlt  any  perlons  who  have,  bon.if.di-,  icceived  a.id  taken  dseds  from  the  commiffion.. 
cr_;  of  the  laid  tow  n  fo;-  the  fame. 

XV.  Andbcit further  tnaBsdy  by  the  authority  nfirefaid,  that  the  aforeiaid  lot,  feferved  and  known  by  the  name 
o    theb  •  i  i or  ever  hereafter  relerved  tor  that  ufe  only  ;  and  tue  tirls  thereof  verted  in  ttie  commif- 

lers  c:  the  :aid  town,  for  the  rime  being,,  for  the  ufes  and  parpofe.,  atorefa'd. 

An  t  be  it-fui  (her.  tnacled,  by  ike  authority  afore/aid,  that  each  and  every  pofieflbr  of  any  !o:  or  lots,  or  part 
c-alot,   within  the  onginai  plan  or  map  of  the  laid  town,  and  adjoining  either  fide  of  the    two  ftreets   called  Corbin 

uu  ftrcet,  who  Ikall  not,  v.ithin  the  term  of  three  years.after  the  palling  of  thk  act,  erect  and  build,  cr  caufe 
to  be  erefted  and  built;  a  ho  tfe  of  the  dioienfions  of  twenty-four  feet  by  lixteen  in  the  clear,  of  brick,  itone,  frame, 
cr  hew  .  -  .  ,  i  ith  either  a  goad  brick  oi  Itone  chimney,  fhall  forfeit  the  faid  .lut  or  lots,  or  parr  of  a  lot  :  and 
that  every  poflefforof  any  lot  or  lots  adjoining  the  two  ftreets,  running  parallel  with  the  laid  ftireets  called  Corbin  and 
J  -..-lis  Rceer,  and  within  the  faid  pla.i,  who  fhall  fail  to  build  an  I  ere 3:  a  ho  jie  of  the  (fimenfidris  aforeiaid,  \\  irh  fetch 
chimney,  within  the  fpaoe  of  fcur  years,  in  ill  likewife  forfeit  fuch  lot  or  lots  ;  and- the  commiffioners  afore'faid  fhall, 
and  are  hereby  iinppwered  and  auihorifed,  to  enter  upo.vand  feize  fuchforfeited  lot  or  lots,  or  part  of  fuch  lot,  and 
•.:  fell  the  fame  to  any  other  perfon  who  Dull  purchafe  the  fa.ne  :  and  the  faid  co.*nmilfiohers<,  or  the  majority  of  them 
are  hereby  veiled  with  full  po.ver  agd  authority  to  convey  the  fame  to  forue  purchafer  ;  which  fale  fhall  be  good  and 

in  law  to  Iuch  purchafer,  his  heirs  and  affig-ns,  forever.  Provided  always,  that  nothing  herein  contained  ihali 
be  conftrued,   deemed,  or  taken,  to  affect  or  invalidate  the  claim  or  title  of  any  infant  cr  feme  covert. 

XVII.  And  be  it  further,  enacted,  by  the  authority  aforefaid,  that  in  cafe  of  the  death  or  retroval  of  any  of  the  com* 

ter«  heretolore  ia  this  act  mentioned,  thai  then  it  mall  and  may  be  ia.vful  for  the  Jufiices  of  th;  inferior   cojirJ 


62 

of  ''-  >.a»  :on-:ty,  to  appoint  cr.:  cr  foore  :nniniifiiono(  0r  rOramlffifctarj,  in  tin  rotm  uf  him  or  tr.cm  fb  dccrafcJ  cr 
removed  j  which  commithoner  cr  cpmmiihonei  s,  10  appointed  as-  afbrelald,  (half,  and  is  hen  by  declared  to  have  as 
Jul!  power  and  authority,    as  the  comroifiV(ers  app0jftteti  by  ihis  acl. 

XVII  I,  And  be  it  further  enuded,  ^  the  authority  afnnej aid,  that  ihe  faid  roir-mifiiorcrs  appointed  by  this  aft,  rr 
to  he  hereafter  appointed,  before  ;'oey  ealer  j„  and  uron  the  execution  of  their  cflke,  (hall  take  the  following  Dath 
to  wit,  °  ' 

I  A.  15.  dofoiean,  that  ^  iu)ll  execute  the  of.ee  of  a  cvnmiffioner  for  the  town  if  Salisbury  ,fait> 'fully  and  inly,  whhcu'tfa- 
vour  or  prejudice^  ant{  in  all   things  acl  for  the  good  of the  faid  town,  and  the  wtll governing  th.reof,  to  the  heft  cf  rr.y 
jkuI  ar.d  judgment,  according  to  law.  SO  HELP  ME  GOD. 

XlX,  And  be  it  further  emitted,  by  the  authority  afore  faid,  that  the  feveral  inhabitants  of  the  laid  town,  their  fer- 
vants  and  Haves,  travellers  and  others,  (hall  have  free  accefs  to  all  fprings,  and  natural  fountains  of  water  within 
the  laid  town,  and  town  common,  without  the  hinderance,  let,  or  interruption  of  the  owner  or  owners  cf  (uch  let 
or  lots  or  common,  whereon  fuch  fprings  or  natural  fountains  of  water  are  iituate  ;  and  that  the  faid  fprings  and 
fountains  of  water  be,  and  are  hereby  declared  to  be  free  to  all  perlbus,  to  l'upply  themfelves  with  water  therefrom, 
to  fupply  their  feveral  ufes  ;  and  that  it  ihall  and  may  be  lawful  for  the  inhabitants  of  the  faid  town,  their  fervants 
or  Haves  as  aforefaid,  to  cut,  fell,  and  appropriate,  to  his  or  their  own  ufe,  for  firewood  or  timber,  for  building  in 
the  faid  town,  any  tree  or  trees  now  ftanding  oi  being  on  the  laid  town  common,  without  the  hinderance  of  any 
perfoti  whatever. 

XX.  And  be  il  further  cnacled,  by  the  authority  aforefaid,  that  the  faid  commiiTioners  or  the  majority  of  them,  oi- 
rheir  fuccellors,  are  hereby  impowered,  to  lay  out,  and  appoint  a  proper  place  m  the  laid  town,  tor  erecting  and 
building  a  msrket-hqufe,  or  other  public  buildings  in  the  faid  town. 

XXI.  And  be  it  further  enabled.,  by  the  authority  afore/aid,  that  all  fines  and  forfeitures  that  fha'l  hereafter  be  reco- 
vered in  virtue  of  tins  act,  the  method  whereof  is  not  herein  before  expretled,  (hall  be  by  warrant  trom  under  the 
hands  and  leals  of  the  laid  commillioners  or  the  majority  of  them,  and  applied  as  in  this  aft  directed. 

Chap.  XXI.     An  acj  to  prevent  the  wircafonable  deliruclh.t  or fijh  in  the  river*  liqanoks  andDiwn,   and  other   water 

court es  therein  mentioned. 
I.  T  T  THERE  AS  many  avaricious  perfons,  by  iiihtng  with  leveiai  feins  at  the  fame  fifhing  place  ?.m\  by  keeping 
YV  nets  extended  acrofs  the  rivers  Roanoke,  Dunn,  tne  Yadkin  river,  the  loath  fork  of  the  Yadkin  river,  the 
Catawba,  the  foirh  fork  of  the  Catawba,  as  high  as  Henry  ll'hitenei-'s,  Rocky  i  ivcr,  as  high  a?  M<fet  .  '  .  w  I ,  \  mil!, 
Broad  river,  as  far  up  as  captain  Bank/Ion's  place,  and  County  Line  creek,  as  far  as  George  Boyd's  place,  prevent  the 
lilh  from  pafiicg  up  the  faid  river?,  fo  that  the  inhabitants  hying  on  trie  upper  parts  of  Uic  (aid  rivers  are  deprived 
frpm  t|ie  benefit  of  catching  fifh  tlieiein  : 

II.  Beit  therefore  enacled  by  the  Governor,  Council,  and  Affenibly ,  and  by  the  authority  of  the  fame,  that  it /hall  not 
be  lawful  for  any  perlou  or  p.-rfons  whatlbever,  from  and  after  ti.e  palling  ot  tins  art,  to  dray  or  liih  with  mure  thati 
one  lein  at  any  onefiibmg  place,  or  within  one  eighih  of  a  mile  oi  tacit  other,  on  the  laid  rivers,  at  any  t  nje  dur- 
ing the  feafon  for  filhing  ;  or  to  keep  a  net  or  fein  extended  or  fixed  acrofs  a.iy  of  them  ;  or  to  make  any  hedges, 
flops,  or  dams,  on  the  fame,  to  hinder  or  prevent  the  filh  frpm  palling  up  the  laid  rivers  :  and  if  any  perlon  or  per. 
lions  Ihall  ofTend  herein,  he  or  they  (hall,  for  every  Inch  offence,  forfeit  and  pay  tne  luin  of  ten  pounds,  pi  oclatnation 
money  i  to  be  recovered  by  action  of  debt,  by  t!ie  inienner,  in  any  court  oi  record  haring  jurisdiction  tnerepf. 


C;i.\p.  XXIII.     An  acl  for  veftjng  the  fchoolrltoufe,  in  Edenton  intrufieet. 
J.   TT  7HEREAS  the  inhabitants  of  the  to.\  n  of  1.  teuton,  'lor  the  promoting  the  education  of  )  o  ith,  and  encourage. 
VV    ment  pf  learning,     hive  by  voluntary  lit  >lc~iption  purcbafed  two  lots,  and  erected  a  convenient  fchool-houle 
thereon,  in  an  agreeable  and  healthy  fituation  in  me  laid  town  ;   therefore,  lor  the  rendering  more  uteiul  and  effectual 
fo  laudable  an  undertaking  ; 

II.  Beit  enacled,  by  the  Governor,  Council,  and \Affembly,  and  hy  the  authority  of  the  fame,  that  the  faid  houfe,  with 
the  faid  two  lots  of  land,  be,  and  are  hereby  relied  in  Joteph  Blunt,  Jafepb  llewes,  Robert,  Hardy i  Thomas  -Jones. 
George  Bhir,  Richai  d  Browntigg,  and  Samuel  'johnfhnf  Ej'qrs.  and  their  lucceilbrs,  forever,  as  indices  for  the  ie. 
veral  purpoles  herein  after  mentioned  ;  and  on  the  deajth  cr  removal  out  of  Chowan  county  of  any  of  the  faid  iruitees, 
it  Ihall  and  may  be  lawful  for  the  majority  ol  the  remaning  triiftpes,  to  eleil  and  choole  anothej?  trullee  or  trullees, 
in  the  room  and  (lead  of  him  or  them  fo  dying  or  removing. 

1I(.  And  be  it  further  enailed,  hytkeautl  <itv  afqrefatd,  that  the  faid  truftecs,  or  a  majority  of  them,  are  hereby 
impowered  to  receive  and  take  all  fitch  voluntary  lupicriptions  or  donations  as  any  perlon  or  perfons  may  think  pFopcr 
to  bellow,  fi  r  enlarging,  improving,  and  endowing  the  (aid  fchpol  ;  «nd  alio  to  agree  with,  and  employ  one  o.  more 
per  Con  or  perlons,  of  approved  morals,  and  well  inlirucled  in  the  la-igiMge-,  toprefk'e  in,  ami  keep  the  laid  fchoob; 
and  on  the  milbehaviour  of  the  faid  Ichool  mafter,pr  lchpol-malters,  to  remove  bun  or  thcrn,  and  to  appoint  ai.oih  r 
or  others  in  his  or  their  (lead  ;  and,  from  time  to  time,  to  make  and  prdain  fuch  other  rules,  orders,  ai  d  re  gulationa, 
for   the  v. eil  ordering  and  good  government  of  the  faid  fcl  tjol,  as  to  them  Hiail  feeoi  met:  and    convenient;  provided 


ibe  [V.d  roles  correfpot^J,  anj  'oe,  a..-,  nc.t  us  may  Lc,  agreeable  fo  the  Ja**s  oi  t"r- :'  BnUin  sud  this province*. 

IV.  Pr'vid;d  r<iu>\ys>  That  rq  perfon  lhall  be  admitted  to  be  matter  of  th«  laid  ichool,  but  who  is  of  theeflablifhed 
church  of  •■  g/a  /7  ;  and  w'no>  nt  the  recommendation  ot  the  troftees,  cr  a  majority  of  tlumj  be  duly  licenced  by  the 
Goverrior,  or  commander  in  chief  for  the  time  being. 

_.  ,  ,        ,  _  . 

Cmai'.  XXy»H.     An  aflffif  obtaining  k true  and  difrint}  lift  of the  idxable  ptrfons  in  the  /«?»  o^Newbern,  and  to  hru 

praitr  the  !'■•-  '-'fin  colkfl  the  trjj.i  taxes  dte  from  '.  he  Inhabitants  of  the  fuid  town. 
I.    TT*HEflEAS  there  i#  net  any  provilnn  made  in  the  laws  new  in  force  for  obtaining  a    true  and   diftiricl    hft   of 
V  V    taxables  in  the  (aid  town,  winch  Ins  rendered  the  collecting  of  the  town  raxes  vciy  difficult  and  uncertain  : 
for  remedy  whereof, 

II.  Be  '■(  enafled,  by  the  Governor,  Council,  aid  Affe  nhty,  and  by  the  authority  of  the  f  ■me,  that  at  the  firft  meeting  of 
the  ccmmiiiioners  of  the  fnd  town*  .Tier  the  nailing  of  this  ad,  and  thereafter,  at  the  rirtt  meeting  alter  their  elea:on, 
annually,  they  (hall,  and  are  hereby  impowered  and  required,  to  appoint  one  of  the  laid  ccmmnlior.ei  s  to  take  a  lift 
of  all  the  male  taxables  rei:Ji:ig  in  the  laid  town  ;  and  the  commiflioner  lo  appointed  is  hereby  impowered  to  administer 
an  oath,  to  the  trurh  cf  all  fuch  lills  :  and  the  l'.iid  commiiliun?'  s  'lull  immediately  give  notice,  by  adverlifements,  or 
otherwife,  to  the  inhabitants  of  tne  laid  town,  to  appear  before  ftr.h  commifTcner  fo  appointed,  and  give  in  a  lilt  cf 
all  the  male  taxables  in  cbe;r  refpective  families,  within  t «  enty  thus  alter  fuch  notice  :  and  en  neglect,  or  refufd,  thy 
perfon  or  perrons  fo  neglecting  cr  refuting,  lhall  be  lubjeft  to  the  fame  penalties  as  fcr  neglecting  to  "'nliil  the!r  taxa- 
bles with  a  iriagiftrate  lor  the  county,  winch  (hall  be  recovered  in  the  tame  manner,  and  to  the  like  ufes;  astheaforr- 
i  ;:d  penalties  :  anJ  the  lai.1  commilhoners  fhall  caufe  a  fair  copy  of  the  lilts  b*  him  taken  as  aforefuid,  to  be  delivered 
immediately  to  the  fhefitT  of  the  county  of  Craven;  who  lhall,  within  one  month  after,  proceed  to  collect,  the  taxes 
I  lid  oh  the  fa  d  ihhab  tants  by  the  comnihiioners  of  the  laid  town  ;  and  fliall  account  for,  and  pay  the  fame  to  the  {aid 
commiflioners,  on  or  before  the  10th  day  df  June,  ycark  ;  under  the  fame  rules,  reftridtior.s,  and  penalties,  and  in- 
titled  to  t!  e  lame  emoluments,  and  fubject  to  the  fame  method  of  recovery,   rfs  for  ncn- payment  of  public  taxes. 

JIT-   And  whereas  the  taxes  laid  by  the  ccrmmilfioni  rs  <  f  the  (aid  town  on.  the  inhabitants  thereof,  for  feveral  years 

pa!  ,    remain  uneolledted  ;   and  the  late  and  prefent  (herd's  are  in  doubt  whether  they  are,  by  the  lavs  now    in  fcrce, 

to  J.ih'.mi  ti  r  the  fame  :   Be  it  ouclcd,  by  authority  afortfttid,   that  the  prelent  ai;d  late  flberifTs    of  the  county 

oi  Lruvenx  aie  hereby  declared  to  have  the  lame  power  to  make  diltrefs  en  all  ptrfons  who  sire  in  arrear   for   taxes  to 

the  laid   town    as  they  are  intiiied  to  in  tbllecVmg  other  tnxec. 

IV.  Proyid  in  erthcle/r,  That  iucb  fherifjs  (hall  not  talce  and  receive  any  fees  fcr  rfiftrefs  fcr  fuch  arrears  of  taxes 
r.n'els  the  [ierfoi  or  perlonsld  iti  arrear  lhall  riegfec^  to  pay  the  lame  within  three  months  after  pa  (TinT  cf  this  act. 

V.  Aai  be  it  further  endcled,  bytb?  'utbority  aforefahl,  That  no  perfon  in  the  (aid  town  fhall  hereafter  be  fubject 
fo  the  pa\  men;  of  the  town  tax,  un;;l  he  hath  rtfuled  three  months  in  the  (aid  town. 

Xll  Gr.o?. ge  III,     lbs  19th  of  N&vember,  .1771. 


Chap.    III.  An  acl  to  imprear   the  churchwardens  and 'vi  /,  rym  nor  the  pdrijb  :fSt.  Gabriel'/  in  the  county  of  Duplin,  to 

fell  the  Ch  be  in  the  fatd  -parifh  end  county. 
I.    \T7i:£REAS  the  (liuation  of  the  Glebe  in  the  parifh  and  county  sforefiid  is  fcnr.d  to  be  inconvenient,  and  the 
\  V     fanie  much  out  oi  rerair. 
5!-   £  it  therefore  enacted,  by  the  Governor,  Council,  and  A fiembly,  endby  the  authority  of  the  fame,  that  it   (hall  and 
niay  be    lawful  i'pr  the  churchwardensand  velirywn  of  the  laid  parifh,  cr  the  majori'y   iftbem,  <r  their  fucceflbrs 
and  di!p.:;ls  cf  the  laid  Glebe,   ai  d  the  money  atifing  from  fuch  'a'e  to  be  appropriated  towards   purchaling  a 
,  fituate  ma  more  conven'epi  part  of  the  fa:d  paTilh  j  which  Glebe    fo    purchaifd,   fhall  be  veiled   in    the  laid 
chnrchwaidtjisand  vclliyi-en,  and  their  fuccefTors,  inthe  lame  manner,  and  to  the  fame  ufes  and  ptirpoles,  as  other 
Glebe           by  [he  laws  of  this  province  invefkd  iij  the  churt  Iv.vardens  and  vefrrymen  of  their  rtfpecTtive  panlhcs. 
1 ^ _^ 

C  !.'.  XVI  jf.  An  a£j,  for  an       \ng    ■■    '.',  .'    '.  '    ',  an     7,       -the  I  U  r  regulation  of  the  to-xn  o/Njewbern,  and  for 

fecurlng  the  titles  ofpe'/l  -  ■  v.  I  ,  !r  'dlois  in  tbejaid  town.     p.   lc. 

!•  T7T7  PFE  R.  E  A"  S  the  Freeholders  of  the  -own  of  Ne-v'  m    i  I  negtect  to  meet  a;  the  court-  hoafe  in  the  faidtpwn  on 

l  Tuefday  in  November  kit,  and  elect  ccramiflior.ers,  according  to  ti-e  directions  cf  the  laid  aft  : 

•r-    •'  eitcTed,  by  the  Governor,  Com  :;.  the)   me,  that  it  (hall  and 

may  '  e  law  lid  lor  tie  freeholder's  of  the  (a:d  -own,  tc  rreet  on   the  :.  urt'b  Tueld  y  in  January  next,  at  the   court. 

(iye  freehojifcrs.to  be  commiifionep,  until  theufua)  time  13?  electing  continiffioners  forthefaid  town; 

:o  ■  fhall  be  held  by  the  flieriff  t  f  Craven  county ,  in  the  fame  manner  as 'inch  election';  have   been    hereto! 

fore  held  :  and  the  commiflipnerf  fo,  elected,  before  they  enter  upen  the  execution    of  their    cfTice,    fhall   take    the 

oath   By  the   above  recited   act  directed;    end    thereafter    fhall  be   vtlted  uith,  and  arc  hereby  declared  10  have 


>owers, and  authorities,  to  all.intcnts  aud  purpofes,  as  if  iuch  commiflioners  had  been  eleiled  oh  the  Ic'daud 
Tuefday  in  November  laft  ;  am  law  to  the  contrary  notwihftandijig. 

III.  Anlbe  it  furtnr  eKac7edt  by  the  authority  aforefahl,  that  it  lhall  and  may  be  lawful  for  the  faid  commiflioners 
and  they  are  hereby  directed;  impn.vered  a  id  required,  to  lay  cat  a  ftreet  from  the  north  fide  of  Pollock  ftreet,  at 
right  angles  with  the  eaft  and  weft  c  iruers  ot  the  north  front  of  the  Palace,  to  the  bounds  ■of  the  town  ;  which  faid 
ftreet  iu  laid  our,  mail  be  called  and  k  io  ,yn  by  the  na'ne  of  George  ttr^t  ;  and  that  the  ftreet  called  Eden .ftftet  from 
Pollock  ftreet  northward,  be  thencefunb  diicontitv.ied  ;  and  the  lots  next  adjoining  the  [M  George  ftreet,  on  the 
weft  tide  thereof  (hall  extend  weftward  acrol's  where  the  faid  ftreet  called  Eden  ftreet,  now  mas  ;  and  tn'at  thofe 
lots  adjoining  on  tne  eaft  lide  of  the  fai  J  George  ftreet,  be  made  as  nearly  equal  in  quantity  of  ground  as  nuy  be. 
ftridl  regard  being  had  by  the  laid  conmilfioqerS  to  the  improvements  already  made  by  the  owner*  pi  fuch  lots,  fo  as 
the  fame  ihall  be  included  within  the  bounds  and  limits  of  the  faid  lots  by  them  to  be  laid  cat,  and  the  marks  and 
numbers  to  correfpond  with  the  prelent  numbers  of  the  lots  in  the  1  qua  re  thraugh  whith  the  laid  George  ftreet  dull  be 
laid  out  ;  and  that  thereafter  the  owners  of  the  refpeclive  lo.s  as  now  laid  down  in  the  plan  of  the  faitiidwri,  ihall  be 
intitled  to  the  lot  to  be  laid  out  of  the  fame  Dumber,  and  ihall  hold  and  enjoy  the  fap.ie  eftates  therein,  33  he  or  fhe 
would  or  could  have  held  and  enjoyed,  in  their refpective  luts  of  theic  numbers,  if  this  aft  had  never  been  made  ;  any 
thing  in  any  former  law,  to  the  contrary  notwifhitanxjing. 

IV\  And  beit  further  enafhd,  by  the  auihin.y  aforefum,  that,  the  faid  centmilh.me.-s  after- having  io  laid  put  the 
jaid  G  'orgs  ftreet,  and  fet  up  marks  at  the  c  iraers  or  the  feveral  (quires  in  the  faid  to  vn,,  Hull  hi  ike,  or  caufe  to 
be  made,  a  fair  and  accurate  plan  of  the  faid  town,  with  proper  deferiptions.  ;  which  plan  ihall  forever  thereafter  be 
deemed  the  true  plan  of  the  faid  town,  and  be  lodged  in  the  .Secretary's  office,  and  onejaireopy  thereof  be  lodged  with 
the  clerk  of  the  laid  town,  by  him  to  be  iafely  kept,  that  all  persons  'may  nave  free  accede  thereto,  un  the  payment  of 
one  fliiliing  :  and  if  the  faid  clerk  fhall  refule  or  neglect  to  (hew  the  laid  plan  to  I'uch  perfoys  as  lhall  require  foe 
dame,  and  pay  the  fee  atorefaid,  he  flj2.ll,  for  every  inch  refufalcr  neglect,  forfeit  and  pay  the  fum  of  twenty  (hil- 
lings j  to  be  recovered  by  the  party  requiring  ihe  fame,  by  a  warrant  before. any  Juflicd  of  the  Peace,   with  coils. 

V.  And  be  it  further  (r.acled,  lytht  authority  afore/aid,  that  lo  much  of  eich  and  every  aft,  and  claufe  of  an  acl  of 
Aflembly,  heretofore  mads,  as  cornea  within  the  purview  of  this  act,  is  and  are  hereby  repealed  and  made  void. 


OlAr.  XVIII.     Anc.el.fzr   laying  sut  fitovin   on  the  lands  of  Richard  Evans,  • ;  Pirt  county,  by  ihe  name  of  Martin. 

borough. 

f.    VT7HEPiE:\S  the  land  of  Richard  Evans,  on  the  louth  liJe  of  Tar  river,  in  Pitt  comity,   hath   been    reprefented 
vV     to  this  afi'embly  as  a  convenient  place  for  trade,  and  the  inhabitants  of  the  faid  county  being  defirous  that   3 

tew'u  (hould  be  eftablilhed  thereon: 

11.  Be  it  cnac7ed  by  the  Coventor,  Council,  c,r i  .' ffeml-ly ,  ciV.lythe  auihor'tlyofthc  fame,  That  f>  foon  as  the  faid 
Richard  Evens  lhall  fignify-his  cenfent  in  open  court  o!  the  faid  county  of  Pitt,  to  have  one  bundled  acres  of  Isn  i  la  id 
out  for  a  town,  as  herein  afteris  dire&p.d,  it  (hall  andjnay  be  lawful  for  IVyriti  (firmond,  Kjghard  Evans,  Charlts 
Forbes,  Henry  Ellis,  sv.u  Cei'ge  3vai{S,  Gentlemen,  or  the  majority  of  them,  whoarjejiereby  nominated  and.  appoin- 
ted conjmjffioners,  with  full  power  and  authority  to  lay  cut  the  (aid  one  hundred  acres  of  land  on  thefoxuh  tide  of  Tar 
river  for  a  town,  by  the  name  <jf  M ar'ti  ■   and  theyora  majority  of  thern, ,  ere  heiebydiri  ctedand  impowtred 

10  lay  out  the  fame,  at  and  adjoining  the  laid  river,  ia to  lots  of  half  an  acre  each,  wii  1  co'.n  enient  ftrccts,  and  a  glace 
lor  a  church  and  market. 

HI.  And  be  it  further  enacted,  by  the  authority  afore/aid,  that  when  the  cornmiiTioncrs..  or  the  majority  'of  them, 
fhall  luve  laid  out  the  laid  tc.vn  in  manner  as  slbrefaid,  they  and  each  of  them  ihall  have  power  to  tike  fubfcripii  ms 
for  the  faid  lots,  of  fuch  perl  bns  as  are  willing  to  lubltrioe  for  them  ;  and  vi  hen  the  (aid  con:inif.lioi  ei  s  have  taken 
fubferiptions  tor  one  hen  tied  tat3s  or  upwards,  they  (hill  appoint  a  day,  and  give  public notiea„i«  the .fubferiberi 
of  the  day  appointed,  for  drawing  of  the  faid  lots,  which  fhall  be  done  by  ballot,  in  a  fa\r  and  ope «  manner,  in  the 
prefence  of  the  comm  fhoners,  or  a  majority  of  them  ;  and  fjacb  f  iblcrjber  (hail  be  intitled  to  the  lot  or  hvs  wh  ch  (h  dl 
happen  tn  b?  drawn  for  him,  and  correfpond  with  the  mark  or  number  contained  in  the  plan  ot  the  (aid  town;  and 
ihe  commilh'incrs,  or  the  majority  of  them  are  hereby  impowtred  and  directed  to  grant,  convey,  and  ackuo .\  i  1 
deed  the  faid  lots  to  the  pcrfjns  v.  i--j  fhall  be  in-titled  to  thefame,  end  his  heirs  and  af.igns  for  ever,  in  fee  liuiple,  upon 
the  payment  of  fifty  (hillings  proclamation  money. 

IV.  And  for  continuing  the  fuccellion  of  the  comrr.'fla  oners,  .Beit  enacled,  by  the  authority  afonefaiek,  that  in  cafe  air/ 
of  the  commiflioners  herein  named  (hall  die  remove  out  of  the  province  cr  fhall  refule  to  adi  the  remainder  of  the  con:. 
inifliohers  in  thisact  appointed, lhall  and  may  elect  and  appcintother  commiliioneis,  to  ferve  and  a£Un.  their  llead. 

V.  And  be  hjurther  ene8edt  by  the  authority  aforef^if,  that  Charles  Forbej  be,  and  is  hereby  appointed  Treafurer 
and  receiver,  of  all  fuch  fum  and  funis  of  money  which  fhall  arife  by  the  file  of  the  faid  Jot?,  for  the  life  ol  the  faid 
Richard 'Evans,  bis  heirs  and afTigns:  and  on  the  death  or  departure  of  tj^e  laid  treafurer,  out  of  the  government,  the 
faid  commiflioners,  or  the  majority  of  them,  or  their  furvivors,  dull  appoint  Come  other  perfon,  in  die  room  of  the 
faid  treafurer. 

Vi.  And  be  :r further  tmftcd,  by  the  authority  afdrefaid,  that  the  treafurer,  herein  appointed  by  the  cpmniiffioiiers 
as  aforefaidj    (hall  account  for  at.d  pay  unlo  the  laid  Richard  liwins,  his  heirs  cr  a/Iigns,,  all  tuih  monies   ai   fha!l  be 


b"  h'm  recced,  on  the  Lie  of  all  anl  e»ar/  lat  ail  fots  tint  Ihill  I12  fold  la  each  yetr,  011   th;  twenty  fourth   day 
of7««S  yearly. 


XIII  George  III.     The  25th  of  January, -.1773, 


Chap.  II.  An  nclfor  regulu/ing  the  town  rf  Hertford,  and  other  purpofes. 
12     YT7HER.EAS  from  nany  unavoidable  hindrances,  it  hath been  imp.-acticaole far  tbe  proprietors  of  lots  in   the 
V  V    to  .v  n  of  Hei  tford  to  com  jlete  the  buildings  on  the  lots  in  the  laid  to  .vn  •, 

II.  Dfiiei-  ?  /  bv-ths  Civxrnir,  Cui-i',  a-.l  4ife  n  Vv,  u:ti  by  tht  autho-ity  of  the  fame,  That  every  lot  in  the 
fai.i  te  'i,  o  1  which  a  liaufe  (lull  be  ereit-J  i 1 !  buiit,  of  t.ue  di  n:nfi.)U3  iHsntiona  1  in  11  itt  o:  AtTemb  f,  intituled 
An  a£l  fan  eft  bhjb'tng  a  awn  on  the  Lin  Is  o/'Jorutfun  Pnelps,  in  Perq  Vinous  county  ;  or  in  another  act  of  Affeutblv,  in» 
titled,  An acl for  enlarging  the  time  allowed. far fuving  lv!s  in  the  town  of  H>  rttord,  and  other  pwpi'er  ;  or  in  one  o- 
ther  acl  of  Affernbiy,  iiitjtkd,  /in  a*7  to  c&winue-tan-adl,  intitled,  an  aft  for  enlarging  the  time  a! hived  for  /living 
l.t;  in  the  town  »/  Hertford,  und  other  purpofes,  and  to  eflahUfh  a  ferry  from  the  town  of  Hertford,  on  the  welt  /ice  ofPez. 
quimons  river,  to  Newby'-t  point  on  the -eaftfide  0  the  /aid  river,  within  the  fpace  of-  five'  years  next  after  tne  palling 
of  this  a£t  -;  and  alio  every  lat  therein  wl  ich  lhaN  be  hereafter  fold  or  conveyed,  on  which  fuch  houle  (hall  be  erect. 
s.i,  w)th  a  the  fpace  oi  five  years  niter  the  date  of  the  conveyance  executed  for  the  fame,  (hall  and  is  hereby  declared 
ro  be  veiled  in  the    grantee  thereof;  and  his  heirs  and  aSigns,  io»fee  fimgle> ;  anything    contained  to  the  contrary 

in  any  o;  t  ;e  faid  rcc  ted  afts,   notwithlianding. 

III.  A-ulbc  ii  further  en  el.-d,  In  the  authority  afotvfaid;  that  when  anylot  i:i  the  faid  town  (hall  hereafter  lapfeby 
rcafoii  of  its  nor  being  bailt  o  •,  the  d. rectus  and  trrutees  of  the  f»id  town,  or  the  majority  uf  them,  fhill 
and  may,  a.i  1  they  are  hereby  direcled-acd  rtq  w •<=■;!,  to  fell  I'uca  lot  at  public  vendue,  lor  the  belt  price  that  can  be 
got    and  to  giye  theptirchaler   a  deed  01  bargain  J'ul  fate  for  the  lot  t^y    him  lo  purchaied, 

IV.  And  whereas  there  arc  leveral  los  in  .he  f  d  town  which  have  never  been  diawn  in  manner  directed,  by  law 
be  it  further  enafii  d,  by  U.  e  auti  ority  aforefaitt,  thatuhe  directors  hereafter  appointed,  and  e.-.cli  and  either  of  them,  ai\: 
inpowered  andreq  lired  to  take  fu'ifcr  p.ions  lor  the  laid  lot,,  or  io  many  of  them  as  lhali  be  fubfefibed  for  within 
fix  months  ater  the  palling  pf  thts  act  ;  and  ■vlv  n  tne  directors  have  taken  fuch  tublcriptions,  fnall  appoint  a  day,  and 
give  public  notice  to  tne  fjbfcrihers  of  the  day  appointed,  ;or  drawing  the  laid  tots,  which  flull  be  done  by  bailer, 
in  a  f a  r  a. id  open  man  ler  by  the  direction,  md  in  the  prefence  of  the  majority  of  the  fa,d  directors  ;  and  luch  fub* 
Jcriber  lhail  be  in  i .ieJ  to  the  lot  and  lots  which  lhall  happen  to  be  dra.'.n  for  him,  and  correipond  with  the  mark  or 
nu uber  contained  in  the  plan  of  tne  laid  town:  and  the  directors,  cr  a  majority  of  them,  lhall  execue  and  deli- 
ver deeds  for  granting,  and  conveying  the  faid  lots-  to  tht  fublcribers,  their  heirs  and  afltg'ns-,  forever,  and  al'o  to 
every  other  perfon  who  lhall  purchale  any  other  loi.-or. lots  ii:  the  laid  town,  at  the  coft  and  charges. of  the  faid 
grantee,  to  whom  the  laid  lot  or  lot:,  lhall  be  come  eo.  ;  and  every  per  on  claiming  any  lot  or  lots  by  virtue  of  any 
iuc'n  conveyance  lhall  and  may  t;  -.id  and  enjoy  the  lame  in  fee  frnpfe  :  and  if  any  lot  or  lots  fiiOoid  not  be  lub- 
fcrbd  for,  and  drawn  in  manner  by  this  afi.  directed,  the  fame  lhall  be  fold  at  public  vendue,  by  direction  of  the 
direaors,  or  1  11  jontv.  ot  them,  and  deeds  lhall  be  made  for  luch  lots  to  thi  belt  bidders  refpeenveiy,  in  the  lame  . 
ru-i.ier  as   for  fuch  lots  as  may  be  drawn  as  before  directed. 

V.  And  he  it  further  eniileiL  by  the  authority  of  orefaid,  that  each  refpeclave  lubferiber,  or  purchafer  of  fuch  lot  or 
lots  in  the  fail  io>vr,  (hall,  within  one  month  atter  itihall  be  aiceitained  to  whom  eath  of  the  fn:d  lots  doth  be'otio- 
in  manner  herein  before  m^Htioned,  pay  and  fatisfy  to  the  laid  directors  fort/  fiv^e  (hillings,  proclamation  money,  for 
each  lot  ;  forty  liillmgsot  which  fam  (hall  be  paid  over  to  the  heir  at  lsw  of  the  laid  Jonathan  Phelps,  deceafed.  in 
fui!  fatisfacrkrtl  for  tin  laid  'and,  and  the  other  five  IhilHngS  Ihdl  be  applied  towards  defraying  the  e'xpence  of  laying 
oft'  en  J  improving  the  laid  town,  as  a  majority  of  the  directors  [hall  think  prop  r  :  and  in  order  to  do  jtiftice  to'  the 
heirs  at  la*-  ot  toe  fai  i  jfihuthan  Phelps,  ior  fuch  lots  as  may  be  fold  at  public  vendue,  there  fhall  be  paid  out  of  the 
fa|e  of  fuch  bts  the  w.iule  amount  of  the  tales,  if  not  more  than  fony  /hillings  for  each  lot,  on  an  average  ;  and  thac 
al!  above  tuat  fu  n  Ih  ill  be  applied  by  the  directors  for  the  benefit  of  the  laid  town,  in  manner  as  by  this'acl  directed. 
and  in  cafe  of  a  re  "ufal  or  neglect  of  any  ot  the  fubferibers  or  purchalers  of  lots  to  pay  their  refpeclive  fum  ,,  the  faid 
director's  lhall  and  may  warrant  or  fue  the  perfon  or  perfons  (according  to  the  dignity  of  the  debt)  in  their  own 
names,  and  tLerein  lhall  recover,   with  coft 3. 

VI.  And  whereas  the  plan  of  tr.c  laid  towrt  h  thought  to  be  incorrect  and  uncertain;  be  it  enabled,  ly  the 
CUihority  aforefaid,  tha-  the  directors',  or  a  majority  of  them,  lhall  have  full  power  and  authority  to  meet  as  often  ae 
ttny  ih  .Ii  think  neceflary,  and  caufe  a  re-furvey  ot  the  faid  town,  and  a  plan  to  be  made  from  the  faid  re  ftirre/,  and 
therein  to  in/ert  a  mai  k  or  number  to  each  lot,  and  fh  ill  give  the  courfes  and  dilbnees  of  e.:ch  leveral  ftreet  ar.d  loi 
in  the  faid  to.v.11. 

VII.  Provided  never/ Me fs,  that  if  any  houfe  hath  been  built  on  any  ftreet,  lot,  or  common,  in  the  faid  town, 
contrary  to  the  intent  and  meaning  of  the  feveral  before  recited  afts,  the  proprietor  of  fuch  houfe  lhall  not  be  injured 
by  the  laid  re-forvey  ;  but  fuch  houle,  and  ttic  ground; whereon  it  ftaad*.  lhall,  atiu  is  hercbv  declared  to  belorjr  to 

It 


66 

i  e  laid"  proprietor  or  -proprietors,  his,  her,  er  their  heirs  or  amgns;  any  tl.irg  of  the    before  recited  :c"s  to  the 
eoivrarv  iiocviithltandmg. 

Viil.  And  v.  hereas  m  the  plan  of  the  faid  town,  leretofcre  taken,  there  is  common  ground  left  between  the 
ftreets  and  the  river,  wherejyarehiaUfcsand  yi  barfs  might  bebjjili)  for  the  bent/it  and  convepiei  c<  rj  icir.nerce; 
be  it  enaded,  by  i'h'e  authority  afirefaid,  that  the  directors,  or  a  majority  of  them,  are  impcwered  n  a  iVqmiec,  t«  t' ,1 
fuch  pieces  of  ground  as  may  be  confideicd  the  comrodhs  tt  tht  faid  tciv  n,  as  fhail  be  by  th'n  jiidged  c<  nveaicntlj  fi- 
tvated  for  lucii  buildings  and  improvements,  at  public  \i\  due,  to  the  higl  eft  bidder,  .1  d  to  nuke  j  tl\  er  ctc\  s  and 
conveyance!,  for  the  fame  ;  and  the  money  arifing  from  Jucri  iale,  to  be  applied  t<  wards  the  benefit  of  the  bid    tow  n. 

IX.  Provided  nevcrfhelefs,  that  whenany  lot  has  been  heretofore  drawn,  fold,  or  conveyed,  and  is  new  tie  pro* 
■reny  of  any  perfon  or  perions  next  oj  polite  to  which  inch  li  ts  or  lots  belong,  on  ter.deiing  md  paying  to  any  ci  e  or 
more,  ot  the  c  :i  etiors,  within  fin  months  after  the  psiTmg  hereof,  the  tin,  ot  twenty  iinlliigs,  proclamation-  mo- 
ney, the  directors  (hall  make  and  execute  a  deed  er  deeds  for  them,  in  the  fame  manner  as -is  before  directed,  and  the 
money  to  be  applied  a-  herein  before  d.recLd. 

X.  And  be  it  further  enabled,  by  the  authority  aforejaii,  tint  the  directors,  or  a  majority  of  them,  fball,  on  appli- 
cation of  any  perfon  or  perions  who  hath  already  laved,  or  {lull  hereaf:er  lave  anv  lot  or  lots  within  the 
faid  town,  give  fuch  perfen  or  perfons  a  eertificate  ol  the  lot  or  lots  havi  g  been  fo  faved,  agreeable  to  law  ;  wtiich 
(hall  betproved  or  acknowledged,  and  registered  in  the  faid  county  or  Perquimans,  at  the  proper  coft  and  charges  of 
she  perfon  or  perions  1  ecru  ring  fuch  certificate  ;  and  the  faid  lot  or  letsihall  thereafter  beheld,  deemed,  and  taken 
to  be  fuificicntly  laved,  and  (hall  continue,  to  be  the  property  ofthe  grantee  or  grantees  thereof,  bis,  her  or 
their  hens  or  affigns,  for  ever  ;  any  thing  in  this,  or  any  ot  the  before  reched  acts,  to  the  contrary,  nut*  ithftandino-. 

XL  And  be  M  further  enacTed,  by  the  author  itysifirefuid,  that  it  tiiall  and -maybe  lawful  for  the  inferior  court  of 
Perquimans  county,  and  they  are  hereby  directed  and  required,  within  fix  months  after  the-pi.ffing  of  this  ;ct  and 
from  time  to  time  thereafter  as  occafion  may  require.,  to  appoint  an'overfeer  to  work  on  tl  e  Itreets  and  .,!lt  s  of  the 
faid  town,  who  Jhall  have  equal  power  and  authority,  and  be  liable  to  the  like  pains  and  penalties,  as  other  over- 
feers  :  and  ihe  inhabitants  of  the  faid  town  fhall,  at  all  times  hereafter,  by'ordi  r  cl  the  overleer,  woi&on  the  i'lccts 
and  alievs  of  the  laid  town,  in  the  fame  manner,  and  ui  tier  the  fame  j  enalties,  a:  otbi  rs  are  h.iblc  << ,  1  and  b  aB 
ectbf  Allembly,  intitled,  an  acj  to  importer  the  inferior  courts  of the)feveral  counties  in  this  t-rovi*  c  toofdii  it  laying 
out  of public  -reads,  and  to  eftoblifb  and  fettle  ferries,  and to  appoint  where  "bridge*  /hall  bt  I  It  j  t  tht  ujt  art  ,,;  f 
the  inhabitants  o*  this  province.,  and  Jo  clear  navigable •  rivers  arid  creeks  t  anu  the  overlei  ei  and  nh'abitahis of  tfiew 
faid  to  .vn,  fhall  not  be  liable  to  work  on  any  otiier  road  hereafter  ;  any  lav,  utage,  or  cultom,  to  the  contrary  ;  .t 
\\  ifhftanding. 

XII.  And  be  it  further  enacjed,  by  the  authority  ifortfaid,  that  the  bverfeer;  within  fix  months  after  his  appi  r. 
meur,  fhall  caule  ail  perions  halve  to  work  on  tbe  Itrecis  anel  alie\s  ot  me  fatd  town,  to  n  ake  a  lutficieni  iVi.ee  from 
and  to  the  water,  on  each  (Lie  of  the  1  tid  to.vn,  in  ;he  molt  convenient  place,  a.ii  (h  ill  hang  a  <t.  e  or  gates  at  erne 
or  more  of  the  molt  public  Itreets  oi  the  laid  town,  as  occafion  may  require  ;  a  id  the  ia  d  t>\i  rl  ei  and  Obnipaav,  for 
the  time  beLg,  fhafl,  ^rom  time  to  time,  and  ai  all  n  nes  thereafter,  keep  the  laid  fence  and  ga'es  in  gotd  and  iif« 
ficient  repair,  under  the  hk«  fines  aid  forfeitures,  as  for  ftegleefrug  to  workon-tue  lireet*  and  alky  s  ol"  the  find 
town. 

X  II.  Arrdbs  it  further  e-  acled,  by  the  auihority  afore/did,  that  no  inhabitant  of  the  faid  town  (hall,  on  any  pnw 
fence  whatfoever,  keep  any  nojr  or  hogs,  Ihoat  or  pig3,  running  at  I  .rge  within  the  bounds  of  the  fa  d  town,  on  \  a, 
ralty  of  forfeit  ng  and  payirg  the  fum  ot  twenty  (hillings,  proclamation  money,  10  the  party  aggrieved;  and  further, 
that  it  (Hall  and  may  be  lawful  for  any  perfon  whatsoever,  after  the  hVtt  day  of  January  next,  to  ihoet,  kill  or  other- 
trite  detii'o\',  fuch  hog  or  bogs,  (boat  or  p-g,  fo  running  at  large  in  tbe  laid  tov,  n. 

XIV.  Provided  ?/wd_jw,  that  the  perfon  or  perfons  killing  fjcti  hog  or  hogs3  ihoat  or  pig-,  fiiall  not  be  intitied  to 
them  ;  bui  the  fame  Jh  ill  continue  the  pfoperty  of  trie  owner,  whomay  take  me  lame  tokis,  her,  or  their  ufe  and 
beT.eir. 

..  And  whereas  fereral  of  the  directors  of  the  faid  town  are -rleid  whereby  their  offices  are  becoi>e  vata'it  ; 
Be  it  further  enaeled,  by  the  authority 'of orefaid,  that  from  and  after  the  palling  uf  this  act,  Seth  Sumner,  li'i'Jiam  .5i;n. 
acr,  Andrew  Knox,  Nathaniel  Williams,  and  Thomas  Harvey,  be,  and  are  hereby  appointed  directors  cf  the  faid  taw  n, 
a  s<!  m  ly  ule  and  ex.:'rc:!^-  t he  la.ne  powers  and  authorities,  as  'he  directors  appointed  by  fie  beiore  recited  act  couid 
or  might  liave  exercifed,  tiled,  or  enjeyed,  by  virtue  of  the  fjme  :  a  id  in  ca,e  of  the  death,  refulal  tc  a.i,  or  remo- 
va!  out  of  the  county,  cf-one  or  mote  of  the  faid  directors,  the  furviving'or  other  elitecleie,  or  a  m.ijoii  y  01  them, 
and  they  are  hereby  impo.vered  and  required,  to  ehoole  another  director  -or  directors,  in  the  room  of  lain  or 
th     1  io  dying,   refuGng  to  aft,  or  removingout  of  the  county,  agreeable  to  the  directions  ot  rhe  faid  act. 

X  v'!.  And  whereas  the  Court  lioule  in  Perquimms county  is  lituate  in  tne  town  of  Hertford,  en  the  veil  fide  of 
■■-)!ic  river,  and  the  iahabuant;  on  the  ealt  lLie  of  tie  ii  d  river  are  obliged  10  attend  at  the  faid  Court  Houle 
durinor  thefitting  of  the  Interior  Court,  at  the  election  of  members  ot  AfTertiMy  and  veitr,meu,  general  mutters,  and 
court  m  1  r  1  ia  1  a  '.if  die  faid  county,  and  the  act  of  Ailembly  heretofore  made  fbrdefra;  ing  expeiices  ol  f  <cii  ferriage  is 
near  expiring  5  Be  it  therefor;  enatl  d,  by  the  auth  trity  afore/did,  that  the  inferior  court  of  the  laid  count-,  of  I'<  ,  ui- 
tnms  are-hereby  authorized,  impo.vered,  and  required,  at  the  next  court  to  be  held  after :the  firll  day  -of  Way,  y'eaiw 
ly,  to  lay  a  tax,  not  exceeJin^.triree  pence,  prbclunatHin  motley,  ou. each -taxable  pericn  ii>  chcLid  county,    to  be 


6r 

••tt.cV.ed  and  accounted  <jy  v  i  'i  the  inferior  court  of  the  Paid  con  ny,  by  the  fheriffef  t.ie  faid  county,  in  the  fame 
manner,  rod  wider  tne  Ike  regri  itions  and  rtft/iclions,  as  other  taxes  ot  the  laid  county  are  to  be  collected  and  ac. 
(counted  for,  and  to  be  b^  t  ;e  laid  court  applied  and  appropi  a. id  as  a  premium  01  reward  to  ieveral  lerrvmcn  novr 
apiJci'ntedi  or  hereaher  so  beappointedby  the  court  of  the  faid  County,  tokeep  a  ferry  from  Hertford  to  Nrwty'e 
point,  .'i  d  from  Newhy's  point  to  Hertford ;  lor  which  they  Ihall,  and  are  hereby  cbligf  ri,  to  f-.t  over,  ferriage  fns, 
aii  periens  refiJeiu  in  the  laidcotiury,  goin<r  and  returning  from  the  court  or  vcitryol  the  laid  county  election  of 
members  o!  Ai  e.ibly  and  veiirj  men,  mutters,  and  court  martial  ot  fhe  faid  count) . 

AV'd.  And  be  it  further  en  el  J,  by  toe  authority  uforc/aid,  that  the  inferior  court  of  the  faid  county  are  hereby 
authorized,  undowered  and  r  q  i.red,  out  of  the  monies  arifing  by  trie  tax  io  laid  and  collected  ai  af<  refa-d  yearly 
end  every  y  .ar,  to  allow  and  p  y  to  the  feveral  ferrymen  atteu  i:ng  at  tile  ferrv  afrrefaid,  fuch  furas  of  money  as  they 
Hull  think  realonable,  for  their  trouble  in  iracfpoiting  all  perrons' who  Ihall  or  may  have  becafioh  to  attend  the  ,a.d 
Court-tioufe  on  the  days  and  times  aforelaid. 

-  .  I  I.  And  be  k  further  enacledy  by  theauthority  aforefaid,  ihit,  the  ferrymen  that  now  are  appointed,  or  mail 
hereafter  te  ippen  ed  by  the  court  ot -.he  laid  county,  to  keep  a  ferry  at  Hertford  ar.d  Ncwby's  point  are  hereby 
required  toterry  over  the  laid  river,  free  fiom  an,  expence,  all  perfons  reftdent  in  the  laid  county,  during  the  fie 
ting  of  the  inferior  court  and  vt  f  iv  ol  the  county,  and  alto  all  perfons  whatever  on  the  days' of  election  of  members  of 
AjTembly  or  veftrymen,  and  alfo  a  I  perfons  going  to,  and  returning  from,  the  mufters  and  court  martials  of  the  faid 
county,  under  the  penalty  of  .forfeiting  and  paying  the  lum  of  ten  millings,  proclamation  money,  for  each  neglect  or 
refufal  ;   to  be  recovered  by  a  warrant,   on    proof  made   before  any   Magiltrate  of  the  (aid  county. 

MX.  Andbe  iifurtner etiatled    by  the  authority  aforefaid,  that  it  JhaU  and*  may  be  lawful  for  the    Uiflices   of  the 
ii  t  to  take  bond  at.d  fectlttty  of  the  laid  terry  keepers,  in  the  fuai  of  twenty  pounds,  proclamation  money      for 
a    a,o  faithful  performance  ot  the  d  1   e5  enjoined  by  this  ad  ;  and  that  all  tines  that  Hull  be  recovered  agair.it 
,  keeper  in  virtue  of  this  aft,  Hull  bepaid  totte  Juiiicesof  the.  fatf. court,  to  be  by  them  applied  towards  de- 
fraying :iie  charges  of  the  county ,  and  all  other  fi  u  s  by  this  aft  impefed  ihall  be    recoverable  by  th'e  directors      or  a 
major.;)  of  them,  and  applied  towards  the  benefit  of  the  faid  town,     p.  33,  43,  53.  N.  C.  L.   1,   i/6j,  3  '212. 


Chap.  XV.  Aneclfor  rendering  the  navigation  of 'Trent  river  more  ttfeful  and  advantageous. 
■I.  CT7HER.EAS  about  twenty  five  miles  above  the  own  of  Ncwbern,  in  Craven  county,  the  river  Trent  make«  a 
VV  iadden  crook  or  turn  round  a  piece  of  tow  lands  near  the  d-ftance  oi  live  miles,  and  then  returns  within 
s eighty  feet  ot  the  place  where  '.he  la  d  r  ok  beg=h  ;  and  whereas  the  laid  river  is  there  in  many  places  il.r>al  and 
lie  o  h  p  ed  upj  as  to  render  the  pa'flage  ot  crafts  bothditficuh  and  dangerous  ;  ar.d  as  ti;e  laid  diiadvanta- 
ges  may  be  eali  y  removed,  by  cutting  a  canal  through  a  frfialj  ueok  of  land  called  Harper's,  the  proprietor  thereof  un- 
■k:.o-  11,   which  the  inhabitanta  are   <  illing  'o  p.  rferm  at  their  own  expence. 

JI.  Be  it  therefore*  em£&d,  by -the  Governor;  C01.mil,  ond  Afflmbly,  ar.d  by  the  authority  if  the  fame,  that  Lemuel 
Hatch,  E  mond  ti  tch,  aod  Emanuel  Simmons,  be,  ar.d  are  hereby  appointed  commUfioiiers,  ft  r  laying  out  and  di. 
reeling  the  execution  of  me  laid  canal;  and  they,  or  any  of  them,  are  hereby  invefted  with  full  power  and  autheri  t 
to  fee  the  lame  carried  into  ext  cuticm,  «  r.hout  11  curring  ai,y  for  leiture  or  damage  for  cutting  the  faid  canal  tlircuen 
the  lands  of  any  per'oaor  perlons  whatsoever  ;  any  law,  tifage,    or  cufhom,   to  the  contrary,  riotwithftanding. 

Cha?.  XVII.  An  additional  aQ  to  an a&,  intituled,    An    aft  (or  eft'ablifhing    a  fchool  houl'e   in  the   town  of  New- 

bent.  p.  49. 
I.  VXJBERjEAS  the  incorporated  focrety  for  promoting  aid  elfablifhing  the  public  fchoc  1  in  Newbern  have  ta- 
V  ►  ken  up  Kur  lots-of  land,  lying  in  the€aid  town,  known  in  ihe  plan  thereof  by  the  numbers  or  figures  -,13, 
327>  3:8,  and  329,  and  are  contiguous  to,  aid  in  the  fame  fquaie,  in  \\\  ich  the  laid  lociety  have  e/ected  a  large 
and  convenient  tmildjng,  for  ihe  ule  and  accommodations  cfthe  mailer  and  Ichol.irs  of  the  laid  fchool;  and  it  being 
inconvenient  that  any  other  building,  tufhYient  to  lave  the  faid  lots,  flu  tiid  be  erected  on  the  fame  : 

II.  Ueit  therefore? etm£ea\  by  the  Governor,  Council,  aiM lAffembly,  and  by  the  authority  of  the  fame,  that  the  faid 
building  already  erected,  ihall  be  held,  deemed,  and  taken  to  be  a  fi  nic .cut  laving  and  improvement  ot  the  laid  lots 
number  3:3,  327,  323,  and  329.  wkiiiti  the  extent  andiaeaning  of  the  aft  of  Afiembly  in  fuch  cadi  made  and  provi- 
ded  ;  ana  Hie  la  d  four  lots  aie  nereby  declared  10  be  laved  and  improved  lets  accordingly,  and  veiled  in  the  ti  uftees 
of  the  faid  incorporated  lociety,  ar.d  their  luccclibrs,  forever,  in  truft  and  .confidence,  to  and  for  the  ufe  of  the  fa.d 
ichcol  ;  any  aft  or  acts  of  Aflembly  tothe  contrary  notwithltanding. 

Chap.    XXII.    An   a$ for  ijiailifbing  a- town  on-  tile  land  of Haze  Jones,  lying  on  the  mrth' weft  branch  of  Cape.  Fear 

truer,  in  Bladen  county. 

I-  \T7HEREAS  it  hath  been  reprefented  to  this  AlTembly  that  the  land  of  Ifaac  Jon  ft.   lying  en    the    fcuth    veft 

VV    fide  df  the  north  we^  branch  oifCftpe-Fearrivpt,  in  Bladen  county,  is  a  healthy  p'calant  fituation,   well    v  a- 

tered,   and  commodious  fcr  commerce;  and  ftmdry  perfons  of  noteare  deiiro»is  that'a  tewn  (hould  be'crcclcd'tii    e  n, 

for  promoting  the  trad*  and  naviga  .en  of  the  laid  nvcr  ;  and  the  laid  (fat  c  Jonei  havii  £  ftgnified  Lis  Ijte   «  1  (cut 


63 

thereto,  by  a  certificate  und=r  Ills  hand  nnH  feit,  to  have  cr.e  hundred  -seres  of  the  fard  land  laid  off  lor  a  tovr>. 

1  .  Be  it  tber-fore  enacled,  by  the  Governor,  Council,  and  <'  v.  <v,  u»d  by  the  authority  of. the  /ami,  t'Mt  ih-faid 
o  ;  h  iti(  red  .i.r-s,  of  an  i  */he  .  the  la  ne  tiull  ^e  Uj«l  o.i  according  tu  t)  e  direction  ol  chig  aci,  b.j,  and  the  tame  it 
hereby  ronftitct  <',  ei   cled,   Jnd  i  ftabl  (heel  a  town,   ai.u  (hall  be.ca.jiMi  lytic  naneol  Elizabeth -town. 

IK.   find  be  it  further  en  i  f.'d,  hy  the    iutwity  'iFjrefuid,  mat  jrom  and  after  the  pairing  or  .tluVaft,   Walter  Gib  fan,  ^. 
WiUhm^Sulter,   "fanes  White',   Junes  Bailey,  and  Binjuinm  Humphrey,  JJ(  juire  ,  be,  and  tliejr,  and  every  ol    them, 
arch  reby  coafluured,  directors  and  craltses,  for  dyjjpJBg,  building,  and  carrying  ou  faid toyien,.audvthey  ihall  tfand 
ieize.l  ct  an  indefeaftoe  eftate  in  fee  of  the  faid  one  nuadred  acre-s  or  land,  to  a  id  mr  ibe  uies,  intents,  ai:o  pcrpcf.s,  . 
hereby  expr  ffjd  and  declared  ;  air.',  they,  or  any  three  of  them,  (hail  have  lull  po  -  er  and  aaihoi  icy  to  meLt  as  cft<  n 
as  ti.ey  (hail  think  neceiTary,  and  to  appoint  a  public  quay  at  fuch  place  pa  me  faid  river  tor  a  pn  lie  landing-,    as    to   . 
the^n  ill  lit  feem  convenient,  and  to  lay  but  three  acres  of  the  faid  one  hundred  lor  a  market  place,  nnd  otiirr   public 
bulldogs    and  the  refidne  thereof  into  lots,  ftreets,  lanes,  and  alleys,  or  lo  much  oi  the  lan.e  as  u  ili  ffiaka    at  leaft  . 
one  htnd'rcd  and  twenty  lots,  oiF I -lit  an  acre  each,  andcaufe  a  plan  thereof  to  be  made,  and  their-  n  to  inlert  a  mark 
and  number  to  each  lot ,  and  as  ioon  a-,  the  laid  town  Ihall  be  laid  off  as  aforefaid,  they,  and  each  or  them,  (hall  have 
power  to  take  lubferiptions  for  the  laid  lots  ol  Iticli  perions  as  are  willing  to  ii.bknbe  tar  them  ;  and  when  the  laid 
directors  have  taken  fubicriptions  for  fe.enty  loss  or  upw  ards,   they  fhallaj  point  a  day.,   and  give  public  notice  to  the 
fubferibersof  the  day  appointed  for  the  drawing  of  the  laid  lots,  which  (hail  be  done  by   ballot,   in  a  fair  and  open    . 
Manner,  by  the  direction    and  in  the  pretence  of  the  majority  of  the  laid  directors  at  lead  ;  sad  tach  fubferiber   Ihall 
be  intitled  to  the  lot  or  lots  which  (hall  happen  to  be  draw  n  foi  him,  and  coxreipond  with  the  mark  or  number   ccn. 
tainedin  the  pi  in  tor  laid  town   :   and  the  laid  directors,  or  a    majority    of  them-,   ihali  make  and  execute   deeds  for 
eraniing  arid  conveying  the  laid  one  hundred  and  twenty  lob  to  the  lubkubcr*    their  heirs  and  afligns,    for  ever; 
and  a'.fo  to  every  other  perfon  wiio  ihall  puschafe  any   other  lot  or  lots  in   the    f.id  town,    at  the   proper   coth  and 
charges  of  the  laid  grantee,  to  whom  the  laid  iot  or  lots  (hall  be  conveyed  ;  ana  every  perfon  claiming  any  lot.orluts 
bv  virtue  ofany  men  conveyance,  Ihall  and  may  hold  and  eujo,  tile  lame  in  iee  ii ,ni,b.  . 

'  IV.  Provided neverfkiefs,  that  every  granue  of  any  lot  or  lots  in  the  laid  io.\n  fo  conveved,  fliaJl  within  ihree 
years  next  atter  the  date  of  the  conveyance  fc-r  the  lame,  erect,  baiid,  ano  fini.h,  on  eacn  lot  io  conveyed,  one  v  ell 
framed  or  brick  hojl'e,  fifteen  Feet  [quare  at  the  leaft,  and  i  iic  leet  pitcn  m  the  clear,  or  proportionable  to  inch  di« 
menfiahs  it  iuch  orantee  Ihall  ha^e  two  oeanorelats  contiguous ;  and  if  the  awner.of  any  kt  or  lots  Ihall  fail  topur- 
fueor  comply  with  the  directions  Hi  this  act prefcribed tor  the  building  and  findhing. a  hoafe  thereon,  then  fuch  lo: 
or  lotr,  upon  which  iuch  honle  (hall  not  be  buiUand  finiftied  as  aioi«ii?id,  (ball  oe  reveued  in  the  laid  directors  ;,»nd 
the  laid  directors,  or  a  majority  cf  the m,  may,  and  are  Hereby  iinpowered  and  au.iior.zcd,  to  fell  luch  lot  or  lots 
for  the  belt  price  that  can  be  ha  I,  to  any  perfon  applying  for  the  lam?,  and  grant  and  convey  inch  lot  or  lots  to  fuch 
reifonor  perfoss,  under  the' like. regulations  and  r.eilr.iciions,  as  the  lan>e. v. as  or were  formerly  granted  ;  and  the 
money  arifirtg from  fuch  (ales  to  be  applied  by  tne  laid  directors,  or  a  majority. cl.taem,  lonhe  benefit,  and  i-nprcve- 
n  ent  of  the  faid  town. 

V.  And  be  it  further  smiled,  by  the  authority  afirefaidi  that  eacn  respective  fubferiber,  -who  (hall  fubferibe  for  any 
lot  or  lots  in  the  laid  town,  Ihall  within  one  month  after  it  Ihall  be  afceruin  d  to  whom  eacn  of  tlie  faid  lots  doth  be- 
long, in  manner  herein  before  mentioned,  pay  and  fr.itly  to  the  laid  directors,  or  to  one  ot  them,  the  futa  of.  forty 
{hillings,  proclamation  money,  for  each  lot  by  him  lubknbd  lor  ;  and  1..  c.k  of  the  reiul'al  or  neglect  of ,  any  fub  cri- 
ber  to^pay  thefum,  the  laid  directors  Ihall  and  may  commence  and  pro.s.uie  a  fun  in  their  own  naves  for  the  fame. 
and  therein  (hall  recover  judgment*  with  colts  ot  fnit  :  and  the. la'td  d, rectors, (ball,  as  f<  on  as  ti.cy  receive  the  laid 
money,  pay  and  fatisfy  the  laid  h'aac  fanes-,  his  he  rs  or  alligns,  t.ie  lum  or  thirty  five  (1  tilings,  proclamation money, 
for  each  lot,  in  lull  latisfaction  for  the  laid  land  ;  and  the  other  five  failings  (haJI  be  applied  towards  defraying  the 
cxpence  of  laving  off  and  improving  the  faid  town,  as  a  majority  of  then. rectors  Jh.ll  t'  ink  proper.   . 

VI.  Provided  net'erthetefs,  that  tn°  laid  1/aac  Junes  (hall  have  and  keep  tohiso.wi  ufe  his  tan  yard,  mill  and  bark 
houles,  with  luch  lo:s  as  he  fiiall  chcofe  adjoining  them,  not  exect  ding  foui  lots,  exchiiire  of  the  laid  one  hundred 
acres;  an  J  that  nothing  in  this  aftcontaintd  lhail  be  coniirned  ores. end  to  grant  power  to  the  faid  diredors,  or  th-ir 
jure  Aprs,  or  any  other  freeholder  of  the  laid  town,  to  keep  a  push*  ierry  at  the  f.iid  landing,  to  to  be  appointed  by 
the  fa:d  directors,  in  prejudice  to  the  terry  of  the  (aid  lfuac  Jones,  now  b>  law  ellabhfhed  :  and  in  caje  it  ihould  .here- 
after be  found  nccefTary  to  erect  a  public  or  other  terry  at  the  laid  lauding,  the  r  ght  of  keeping  the  farae  (hall  remain 
tothe  faid  lfuac  J»nes,  his  heirs  or  afhgns,  until  he  or  they  (liail  rtfule  to  comply  with  the  lei  ms  by  law  prelcnbed 
for  ei  ectrag  and  keeping  public  ferries. 

VII.  And  for  con;inuing  trie  lucceffion  of  lhe  directors  until  the  (aid  town  fiiall  be  incorporated,  he  it  further wait- 
td,  hy  the  authority  afm  (aid,  in  cafe  ot  the  death,  or  reti  fal  io  act,  or  r<  nioval  out  cf  the  c<  unty  of  any  t  J  il;e  fa'd  di- 
rectors, the  furviving-or  other  directors,  or  the  major  pin  t  o!  them,  lh  ill  alfemble,  and  are  hereby  impowered,  from 
time  to  time,  by  iuftrument  in  writing  under  their  refpecf.ve  hands  and  leals,  to  nominate  i'o.ne  other  perfon,  being 
a  freeholder  of  faid  town,  in  place  of  him  (o  dying,  refufingto  au,  oraremovrng  out  pftbe  county  ;  wnich  new  du 
ie:t.r  fo  nominated  and  appointed,  Ilia  1  from  tnencetortn  have  the  like  power  and  authority  in  all  things  in  the  mat. 
ter    herein  coi  taineei.  as  if  he  had  been  expielily  named  and  appojiited  m  and  by  this  act..  . 

The  reji  Qb/olete. 


GilAP.  XXXlir.  An  acl  for  creeling  a  public  gaol,  and  gaoler's  houfe,  in  the  tovin  of  Wiliningisii,  far  the  Hffriel  of 

Wilmington. 
I.  VT  7KE^EAS  no  public  gaol  hath  been  heretofore  erected  by  law  for  the  diftrict  of  Wilmington,  and  it  bein-r   ne» 
VV    ceffary  that  a  public  gaol,  and  gaoler's  houfe,  fhould  be  ere&ed  in  the  town  of  Wilmington,  for  the  iajo   ui- 
ftrici  : 

II.  Be  it  emcltJ,  by  the  Governor,  Council,  and  /Iffembly,  and  by  the  authority  of  the  fame,  That  Cornelius  Harriett,  John 
ytnerum,  ar,J  Robert  Hogg,  Enquires,  be,  and  are  hereby  appointed  truitees,  for  dtfigning,  contracting,  buildin;-; 
and  finishing  a- good  and  fufficient  gaol,  and  gaoler's  houfe!,  of  good  brick  or  (tone,  at  forte  Convenient  place  in  the 
faid  town,  a;  to  them,  or  the  majority  of  them,  or  their  furvivors,  (hall  feem  raofl  proper;  which  faid  gaol  ?.v.d 
gs.iler's  'icu'e,  when  Co  erected,  mall  be,  continue^  and  remain  the  public  gaol,  and  gaoler's  houfe,  of  the  feveral 
counties  within  the  dillnci:  of  Wilmington  afore  faid. 

III.  IV.  6  V.     Obfolete. 

VI.  And  be  it  further  enacled,  by  the  authority  aforefaid.  that  the  lot  of  ground  in  the  town  of  Wilmington  whereon 
the  county  gaol  now  (tands,  togetlur  with  ail  the  buildings  thereon,  are  hereby  veiled  in  the  aforefaid  tniftees,  cr 
the  majority  of  them,  or  their  furvivor.%  to  b^  by-  them  laid  ac  public  vendue,  if  they  (Kail  judge  it  necefiary,  who 
are  hereby  impo.vered  to  make  a  good  and  luihcient  title  to  the  purchafer  or  purchalers  for  the  fame  ;  ant'  the  mo- 
nies  arifiiig  therefrom  to  be  by  them  applied  towards  purchafing  another  lot  or  lots  in  the  laid  town,  for'erectinff 
thereon  a  public  gaol  for  the  diflrict  aforefaid. 

VI'.  dnd  be  it  further  enafltd,  fa  tie  authority  afc.i  cfai.l,  that  after  the  faid  gaol  (hall  be  fiiifivH,  It  flia.il  andmaV' 
be  lawful  for  the  Magiftratcs,  or  either  of  them,  within  the  faid  diflrict,  before  whom  any  offender  fharl  be  examined", 
il  he  or  they  think  it  necefiary,  to  commit  fuch  offender  to  the  aforefaid  gaol  :  and  the  fli'eriff  of  the  county  for  the 
ting,  where  fucli  lender  fliall  be  apprehended,  is  hereby  authorized  and  required  to  convey  fiich  offender  te 
fchefaid  gaol,  and  deliver  him  or  them  to  the  Iherilf  or  keeper  thereof,  and  take  a  receipt  of  fuel!  Iheiiifor  keeper, 
which  Ihailhe  his  d  fcuarge  for  fuch  offender. 

VIII.  And b-s  it  fitrttyr  euafled,  bv  the  authority  aforefaid,  that  after  the  faid  buildings  Hull  be  fimlhed,  the  the 
rift"  of  the  cjunt,'  o;  Neo-llMio.-er,.  for  the  ti  ne  being,  is  hereby  directed  and  required  to  employ  fome  per  fan  of  j;i. 
tegrity  to  be  keeper  of  the  faid  gaol  j  who  (hall  conftantlyrefidein  the  faid  gaoler's  houfe,  and  take  all  lawful  svays 
and  means  for  preventing  the  efcape  of  prifjners.. 


Chap.   X  <XIV.  An  adiithnahi&ii  at  acT/or ereSftng  aconrt-haufe  and  prifo-%  for  theufe  of  the  diflrict  o/Edenton. 
I.   II.    in.    dr  IV.   Qbfateie-. 

V.  /*  ND  be  it  further  enacled.  bv  the  authority  aforefaid,  That  the  faid  gaol  when  fimlhed,  finl!  be  deemed  the  pro- 
li  per  prifon  for  the  commitment  ana  confinement  of  all  traitors,  felons,  and  other  notorious  criminals,who  fliall 
be  apprehended  in  any  of  the  counties  conllituting  the  faid  diflrict;  and  the  iherifF,  coroner,  cr  other  officer,  who 
ill  all  have  fuch  criaiinal  incutoJy,  Gi  ill  have  full  power  and  authority  to  convey  him  to  the  faid  gaol,  and  deliver 
him  to  the  (lieriif  of  Chrwan  county,  or  to  the  keeper  of  the  faid  gaol,  with  the  Mtitimur,  or  paper  con taihihw  the 
eaufe  of  fudt commitment  ;  which  Iherifl",  or  keeper  of  the  faid  gaol,  is  hereby  commanded  and  re  jn'rcH  to  receive 
into  the  faid  gaol,  all  fuch  priibners  delivered  to  him  as  aforefaid,  and  fliall  give  to  fuch  (h.vifF,  coroirer,  or  other 
officer,  from  whom  he  fliall  receive  fuch  prifoner,  a  receipt,  acknowledging  that  he  has  received  into  his  cuikefv 
luch  priloner  and  Mittimus,  or  paper  containing  and  letting  forth  the  caufe  of  his  commitment  ;  and  lhall  retain  all 
perfoitt  committed  in  virtue  of  this  act  ia  clol'e  gaol,  until  they  ih  ill  be  reieafed  by  due  courie  of  L^v. 


XIV  George  III.     The  2d  of  March-,  1774. 


CtfAP.  IX.   An  ail  for  enlarging  the  time  of forcing  lots  in>the  train  cf Windfar,  for  erecting  a   court  houfe,  prifori,   and 

Jhckst  for the  county  of Bertie,  in  the  J  aid  town,  and  other  -purposes. 
*■  \/>\/HE.REAS  fr0,TI  mmV  ""avoidable  hindrances  and  difappointments,  it  hath  been  found  impracticable  for  the 

VV    inhabitants  of  the  town  of  Wind/or  to  coinpleat  their  buildings  on  their  relpective  lots  within  the    lii 
mitcd  by  law  : 

II.   Beit  theref  re  ena  let),  by  the  Governor,  Council,-  and  Affcmbly,  and  by  the  authority  of the  fame,   tharevery     Ibl 
in  the  laid  town,  on  whjch  a  houfe  fliall  be  built,  of  the  dimenGons  mentioned  in  an  act  of   Affembly,  intitule 
eel  for  ejiablifbing  a  town  on  the  lands  o£  William  Gray,  on  Culhie  river,  in  Bertie  county,    within  two  years   . 
paflmg  of  this  act  ;  and  alJo  every  lot  therein  which  lhall  be  hereafter  fold  or  conveyed  by  the  directors   or   co 
oners  cf  the  faid  town,  on  which  fuch  houfe  fhall  be  erected  and  built,  within  the  fpace  of  two  years  after   the  date 
of  tfee  conveyance  executed  for  the  fame,  lhall,  and  is  hereby  declared  to  be  veflen  in  the  grantee  thereof,  hit  he  rg 
iud  aihgns,  in  fee  fimple),  any  thing  in  the  faid  act  contained  to  the  contrary  ntewithftandi  ig. 

HI..  And  hi  it  further  enacted,  by  the  authority  aforefaid,  that  when  any  lot  in  the  laid  to  ,vn  fhall  hpfe,  by   rekda 


7° 

of  its  not  being  built  upon,  the  directors  or  commiffioners  of  the  faid  town,  or  a  majority  of  them,  fhali  and  may,  and 
ihey  are  hereby  directed,  impowercd,  and  required,  to  fell  iuch  lot  at  public  vendue,  for  the  belt  price  that  can  be 
got  ;  and  tne  money  anting  fiom  fuch  tale,  to  be  veiled  in  the  dueftors  or  commiffioners,  for  the  ufe  of  the  faid 
town  ;  and  the  directors  or  commifjioners  lhall  give  the  purchaler  ot  every  iuch  lot  a  deed  of  bargain  and  laic,  for 
the  lot  by  him  fo  purchafed. 

IV.  And  whereas  the  fuffering  of  hogs  to  run  at  large  in  the  faid  town  is  found  to  be  injurious  to  the  properties  of 
the  inhabitants  thereof  ;  Beit  therefore  ena  fled,  by  the  aid hority  aforefaid,  that  none  of  the  inhabitants  ot  the  laid 
town  fhall,  one  month  after  the  palling  of  this  act,  1  uffcr  any  of  ther  hogs  to  run  at  largr  within  the  bounds  ot  the 
faid  town  ;  and  any  hog  or  hogs  running  at  large,  (hall  be  forfeited  to  the  commiffioners,  and  the  fame,  bv  an  order 
from  one  of  them,  under  his  hand,  directed  to  the  conltabIe;  to  be  by  him  fold  to  the  highelt  bidder,  for  the  benefit 
of  tne  laid  town. 

V.  And  whereas  div»rsof  the  fubferibers  for  lors  in  the  faid  town  have  neglefted  to  pay  the  feveral  fums  by  them 
fuhlcribed,  whereby  William  Cray,  Efquire,  the  original  proprietor  of  the  laid  lands  whereon  the  laid  town  ise- 
rected,  is  greatly  injured  ;  Be  it  therefore  enacled,  by  the  authority  aforefaid,  that  it  lhall  and  may  bo  lawful  tor  the 
faid  William  Gray,  his  heirs  and  alliens,  to  demand  payment  for  che  ieveTal  fums  which  are  ftill  due  and  owing  to 
him  for  lots  in  the  faid  town  ;  and  in  cafe  any  perfun,  from  whom  the  fane  is  due,  fhall  retofe  or  neglect  10  pay 
the  fame,  it  (hall  and  may  be  lawful  fcr  him  the  faid  William  Gray,  hisheirsand  alligns,  to  recover  all  fiich  funis, 
with  coils,  by  warrant  from  a  Jaitice  of  the  Feice,  who  is  hereby  impowered  to  give  judgment,  and  award  execu- 
tion for  the  fame,  in  the  fame  manner  as  in  the  cafe  of  warrants  from  the  recovery  of  other  debts ;  any  law,  ulage, 
or   ctiltoni,  to  the  contrary,  nctwithftancing. 

VI.  And  wiiereas  the  court- houle  and  pnfon  in  the  county  of  Bertie  aforefaid  are  in  a  ruinous  condition,  and  the 
Juflices  of  the  laid  court,  and  the  officers  and  luitors.,  jurors  and  others,  whofe  attendance  at  the  fame  is  by  law  re- 
quired, are  fubject  to  great  hardfhips  and  inconveniences,  for  want  of  proper  acco  nmodation  and  entertainment  at 
the  place  where  the  faid  court-houfe  now  Hands  :  for  remedy  whereof,  Be  it  enacled,  by  the  authority  aforefrid,  that 
"fiom  and  alter  the  fir  ft  day  oijune  next,  the  court  for  the  faidcoun  y  fhall  be  coiltantly  held,  on  the  days  and  time* 
by  law  appointed,  at  the  town  of  li'ind/or  aforefaid  :  any  law,  ulage,  or  cuftom,  to  the  contrary,  notwithftand* 
jng. 

VII.  /Indbeit  further  enacled,  by  the  authority  aforefaid,  that  after  the  aforefaid  fi,  ft  day  of  June,  all  appearances 
and  returns  of  procelw  fhall  be  made  to  the  laid  court,  in  the  tow  n  of  Windfor  aforefaid. 

There// Cbfotete.  Seep.   54. 

Chap.  X.   s"n  acl for  ve/iing  in  certain  perfons  theiein  named  t-xo  acres  of  land,  at  Belville,     in    Currituck   aunty,    4.' 

trujiecs  for  creeling  a  chap  I  thereon,  and  for  inclofing  a  burying  ground. 
I.  VT7HEREAS  many  religious  and  well  difpoled  perfons  in  this  province  have  agreed  among  therafilves  to   build 
\  V  and  endow  a  decent  and  comaiodous  chapel  fir  ihf  perf  rmance  ot  divine  worlhip,  accenting  t»  the    term* 
of  the  church  of  England  by  law  eftablilbed,  and  to  indole  a  certain  piece  of  ground  contiguous  thereto,  for  the  pur~ 
pofe  of  a  burying  place,  and  to  provide  a  fund  tor  the  maintenance  ot  the  poor. 

II.  Be  it  therefore  enacled,  by  ihe  Governor,  Council,  and  J/fembly,  and  by  the  authority  »f the  fame ,  that  two  acret 
-of  land  (now  the  property  of  Tuomas  M'Knight,  Etquire)  finiate  in  the  county  of  Currituck,  at  a  place  called  Belville, 
and  bounded  as  tollows,  viz.  Beginning  at  a  ceoar  itake,  and  running  thence  by  a  line  of  Hakes  round  the  faid  two 
acres  to  the  Srlt  ftation,  be,  sad lis .hereby  veiled  in  Thomas  "I'/VnJgtt,  JfaacGi  tgory,  James  Parker,  Francis  Willi- 
tmifvi,  Solomon  Perkins,  IV.kham  M'Cormici,  Ntil  'inodgr.afs,  William  Kerebee,  and  Thomas  King,  Elquire?,  and  their 
fuccell'm,  for  ever  :  v\  ho  are  hereby  co;  ttinited  ar.d  appointed  iruftees  for  the  purpofes  herein  after  mentioned, 
that  is  to  lay  ;  to  inclofe  the  faid  two  acres  of  land,  and  to  1  mild  thereon  a  commodious  and  decent  chapel,  to  be 
called  and  .known  by  the  name  ot  St.  Martin's  chapel  ;  and  10  receive  and  take  all  Iuch  voluntary  fublcripuons  and  do. 
nations',  as  religious  and  public  fpirited  pe'rfbrjfl  may  think  proper  to  beftow,  for  the  purpoie  of  building  and  endow- 
ing the  laid  chapel,  for  inclofing  of  the  burying  ground,  iJid  providing  a  fund  for  the  maintenance  of  the  poor  :  and 
the  laid  troftees,  and  their  lu:ceffors,  are  hereby  impowercd  to  agree  with  and  employ,  from  time  to  time,  a  mini- 
tt^r  cf  the.church  of  £«/>:</,  duly  admit  ed  into  prieits  orders,  and  of  approved  morals,  to  perform  public  worfhip, 
acepi  ding  to  the  rites  and  ceremonies  o;  the  church  of  England  7  and  from  time  to  time  10  make  and  ordain  Iuch  rules, 
orders,  and  regulations,  (or  the  good  government  of  the  laid  chapel,  and  dilpofal  of  the  funds  belonging  thereto, 
towards  promoting  the  religious,  public  fpirited,  and  charitable  mrentiops.of  the  propr.etors  (herein  after  defcribed) 
for  the  time  being,  and  of;  he  donors  to  the  la;d  chapel,  and  fund  for  the  maintenance  of  the  poor  ;  provided  lutta 
■rules,  order-,  and  reoulati  ns,   be  not  repugnant  to  the  laws.ot  Great  Britain  ur  this  province. 

ill.   And  be  it  fu-thr  en.ci  d,  by  the  authority  aorefaid,  .that  the   coofent  of  the  major  part  of  fuch  trufhes,  fhall 

be  competent  to  me  doing  or  performing  any  acl  to  which  they  are  impowered  by  thislaw  :   yJrd  provided  atfo,     that 

when  any  thing  t»f  peuJequence  h  to  he  tranfacted  or  determined,   the  faid  propi  ictors  fhall  he  fnnnaoned  to  meet    at 

the  chaptl,  by  public  notice  given  there  for  two  Sundays  preceding  the  time  oi  flieetirig  ;   and  1  he  tonfent  of  the  ma» 

t  ot  them  l'»  meeting,  mall  he  neceffar,  to  inVorce  the  rules,    orders,  and    egHdariott!  oi    1#  trutlees. 

A  V".   ,ind  he  ttjjtrther  enaficd,  by  th.' authority  a/brefiid,  that  on  the  death  or  cefigu  ition  ei  an^of  the  uuitees  be- 


71 
for? named,  or  the'r  fucceflors,  it  fliall  and  may  be  lawful  for  a  majority  ofthe  faid  proprietor,  tc  fVct  arc*  thtuie 
another  truftce  or  truftees,  in  the  room  or  (lead  of  him  or  ihem  fo  dying  or  refigning. 

V.  And  be  it  further  enacled,  by  the  authority  aj  ore/ aid,  that  every  perlon  fub!cribir.g  ard  paying  fuch  a  fum  a£  the 
majority  of  the  fubfcribers  (hall  agree  upon,  with  the  confent  of  tre  trufhes,  (hall  We  deemed  and  held  a  proprietor 
in  the  (did  chapel  and  burying  ground  :  and  (hall  havefull  power  to  erecl;  a  pew  in  lucn  part  of  the  laid  chapel  as 
(hail  be  laid  oil"  and  alligned  to  fuch  proprietors  by  the  truhtes,  for  the  ule  of  the  faid  proprietor,  and  his  heirs  and  af- 
figns,  for  ever. 

VI.  And  be  it  further  enaEl  id,  by  the  autho-hy  aforefoid,  that  the  propr  etors  of  the  (aid  chapel,  or  a  majority  of 
them,  are  hereby  impowered  to  deft  and  choofe  a  treafurer  ;  who  (hall  give  bond  and  fecurity  to  the  truftees,  and 
theii  fucceflors,  for  fuch  fum  as  fhall  feem  neceffary,  with  a  condition  that  he  fliall  account  with  and  pay  to  the  order 
of  the  faid  truftees,  as  often  as  he  fhall  be  by  them,  or  a  majority  of  them,  required,  all  monies,  or  other  eitate  as 
lhall  come  to  his  bands,  for  the  ules  and  purpofes  aforefaid 

VII.  And  be  it  further  enacled,  by  the  authority  afore/aid,  that  the  trtiitees,  or  a  majority  of  them,  be,  from  time 
to  time,  impowered  to  choofe  a  clerk  or  register  of  the  laid  chapel,  to  regifter  the  conveyances  of  the  property  in 
the  faid  chapel  and  burying  ground  ;  and  alio  ad  marriages,  chr.ltenings,  and  burials,  which  fhall  be  administered, 
folemnived,  or  performed  by  the  minifter  lerving  the  cure  of  the  faid  chapel,  and  to  remove  the  faid  cle.k  at  their 
difcretion. 

VIII.  And  be  it  further  enaBed,  by  the  authority  aforefaid,  that  nothing  in  this  »c~t  contained  ihall  be  dremed  or 
con  (trued  to  exempt  any  of  the  proprietors  of,  or  (ubfcribers  to  the  faid  '-.hipel,  or  endowment  thereof,  from  any 
parifh  charges  orduties  in  the  relpective  parifhes  v.  here  he,  (he,  or  they  Shall  be  redden  t. 

IX.  Provided,  that  nothing  contained  in  this  aft  Ih.ill  i«power  the  trultees,  or  their  (uccefTors,  to  erecl  r.ny  buil- 
ding, or  to  appropti  i:e  the  laid  two  acres  ot  iand,  or  any  part  thereof,  to  any  other  purpofe  or  ufe  whatsoever  th^n 
what  is  declared  in  the  title  of  this  ait. 

Chap.  XIV.  An  aft  for  eftablijhing  the  court-houfe  in  -the  town  of  Charlotte,  in  Mecklenburg  county,  and  for  regula. 

ting  the  faid  town. 
1>  ^7T7HEREAS  by  an  a£t,  intituled,  An  aft  for  dividing  the  county  of Mecklenburg,  and  other  purpofes* ,  the  court 
V*  of  the  county  was  directed  to  be  held  in  the  court  houfe  then  built  during  the  term  of  (even  years,  which 
faid  term  is  near  expiring  j  and  it  having  been  repreiented  Mat  the  removal  ofthe  feat  of  the  court  from  the  (ad 
court  houfe,  and  the  difpofaj  of  the  la  ne,  agreeable  to  the  before  recited  aft,  would  be  inconvenient  to  many  of  the 
inhabitants  of  the  faid  county,  and  difcourage  the  trade  snd  commerce  of  the  (aid  town  : 

II.  Beit  therefore  enaclid,  by  the  Groenor,  Council,  and  AJfembly,  and  by  the  authority  of  the  fame,  that  from  and 
after  the  p  •  (ling  of  this  act,  the  fa'd  court-houfe  already  built  in  Charlotte  town,  be,  continue,  and  remain  the  ccurt- 
houfe  of  the  faid  county  of  Mecktotfmrg,  and  the  inferior  court  ofthe  laid  county  ihall  hereafter  be  conitantly  held 
therein  ;  any  thing  in  the  laid  act  contained  to  the  contrary  notwithstanding. 

III.  And  whereas  the  frequent  hrng  of  guns,  running  horfe  races,  and  playing  at  long  bullets,  in  the  faid  town, 
is  found  :e  have  a  dangerous  tendency  :  to  prevent  which,  Be  it  enacled,  by  the  authority  aforefaid,  that  from  and 
afterthe  palling  hereoi,  no  pcrfon  whatfoever  fliall  (hoot  with  a  gun  (except  it  be  to  kill  cattle  or  hogs)  or  immoder- 
ately ride  or  (train  any  horfe  cr  horfes,  or  play  at  long  bullets,  within  the  limits  of  the  faid  town,  under  the  penally 
of  paying  the  fum  of  twenty  (hillings  for  each  offence  ;  to  be  recovered  by  a  warrant,  before  any  Jultice  of  the  Peace 
ofthe  teid  county,  by  one  of  the  rruftees. 

IV.  And  whereas  by  an  act,  for  efiablifbing  a  to-.unin  Mecklenburg  county*,  every  perfon  having  a  deed  for  any 
lot  in  the  faid  town  of  Charlotte  isrequired  to  build  a  houfe,  of  the  dimenfipns  in  the  faid  ad  fpecihed,  within  three 
years  after  the  dice  of  the  conveyance  for  the  fame,  »  hich  is  found  to  be  injurious  to  the  inhabitants  of  the  laid 
to.vn  ;  Be  7t  enacltd,  by  the  authority  aforefaid,  that  no  perfon  or  perfons  (hail  forfeit  his  or  their  lot  or  lots  for  ret 
building  on  the  fame,  except  fuch  lots  fliall  front  on  one  of  the  main  Streets  in  the  faid  town;  any  law,  uiace,  or 
culton,  to  the  contrary  notwithstanding.  & 

V.  And  Le  it  further  enacled,  by  the  authority  aforefaid,  that  every  taxable  perfon  in  the  faid  town frail  be  obliged 
:.to  work  . an  trie  itreets  thereof  ltz  days  in  every  year,  if  required  by  the  overfeer,   or  find  lome    perfon    to    work    (or 

h.ra,  under  the  penally  of  hve  (hillings  for  every  day  he  ihall  refuie  or  negledt  ;  to  be  .  .covered  as  U   herein   before 
direcifd.  ° 

VI.  And  whereas  fome  of  the  trustees  ofthe  faid  town  are  dead,  and  others  removed  out  of  the  province  ,  Be  it 
enadea ■  bythe  authority  aforefiid,  that  Jenmmh^Caff.rty,  Re  ben  E  Lot,  William  Baterf on,  andjfaec  Alexander, 
be  added  to  the  trufh-es  formerly  ippvntcrf,  and  they  are  hereby  im  tiled  with  the  lan.e  powers  and  authorities  as  the 
ether  trulhrj  ;  any  thi  ,gt  r-the  contrary  notwithstanding. 

VI!  And  he  it  further  cycled,  bv  the  authority  afortfut'd  that  all  fines  arffing  in  virtue  of  this  acl,  fhall  be  a- plied 
towardsx.eai mg  and  repairng  die  ftreets  in  the  laid  to, ,ti  of  Charlotte.  "M.  C.  L.  i/68    10    zai.   \p.  55. 


neofthe  faid  Riciurd  Evms.;  and  Su/annab.awnJ,  Qfc  widow  aadteM  of  the  Iwd&Mifelw,  »i  Whom  the 
fcc.ftmple.of  the  laid  lands  was  verted,  after  his  dea.iJV,  ia  order  to  (Comply  with  the. intention'*  the  laid  ad,  hath 
conveyed  the  laid  lands  to  the  commiffioners  of  the  laid  town,   for  the   purpofes  in  the  faid  act  eiprefled; 

ii.  Beittterejore\ena&edt  by  the. Governor,  Council,  md;4ffcmbly,  and ky  the  authority  of  the  fame,  that  the  lands 
laid  'out  and  appropriated  tor  the  faid  town  by  the  commiflioriers  mentioned  in  the  aft  aforelaid,  Ihall  be,  and  is  herr- 
b  ,  .  ,.  |  ir6d  as  effeauai,  as  if  the  cot-lent  of  the  faid  Richard  Evans  thereto  had  been  previouliy  obtained  ;  and  that 
ail  deeds  and  conveyances  made  by  the  commiffioners  afp.rjefaid.pf  any  lot  or  lots  In  the  laid  town,  JhaJJ-  be,  and  are 
hereby  declared  good  and  vahd  in  law  to  convey  the  fee  fimple  of  the  fame  to  the  purchafers,.  their   heirs   and  afligns, 

1)1,  And  whereas  it  would  be  cf  general  utility  to  the  county  of- Pitt,  as  well  as  of  lingular  advantage  to  the  faid 
to  vn  ant1  promote  the  tnade  aid  commerce  thereof,  it  the  court  of  the  la  d  comity  mould  be  held  for  the  future  m 
th-  laid  town,  on  the  days  preferred  by  act  ot  Afi'cinbly  ;  Be  it  enacltd,  by  the  authority  tforefaid,.  that  Charles 
l'1;,{  Henry  Ellis  Benjamin  May,  George  Evans;  and  William  RohertfoH,  be,  and  are  hereby  appointed  comniiihuiv- 
ers"-  and  ihey  or  a  hwjoiity  of  them,  are  hereby  authorized  snd  impowered  to  agree  and  contract  with  workmen  to 
remove  the  court-  home,  prilon,  and  flocks,  from  wj>ere  they  now  itaud,  into  the,  laid  town  of  Martinbbrough,  tm 
fuch  parts  of  the  lots  lei  apart  by  the  commiiiioners  for  that  purpofe  as  tothe.n  Ihall  leera  moll  proper  :  and  the  Jmh- 
■  fai  '  c  •  intyoS  Pi'/ may,  and  are  hereb.<  required,  to  bold  the  court  of  laid  coon  y  at  the  houfe  of  Mr. 
I  ih;  in  the  laid  ioaii,  until  the  court  houfe  mail  be  tinilhed  ;  at  which  time  the  laid  Juftices  (ball  adjourn  tlvc 
court  to  the  court  hjui'e.  .  .    ' ['  '  ,  , '     .       .  , 

I V.  <Vul  that  a  /jrceffion  of  commiffioners  may  the  bettet  be  kept  up,  Be  it  tnacled,  by  the  authority  cforr/aid,  that 
the  fheriffbf  the  coumy  oiPitt,  or  his  deputy,  fhalroii  the  firft  Thurfddy  in  May,  in  the  year  of  onr  Lord  one  then- 
fcadfeven  hundred  and  ieventy  live,  before  tie  hour  often  o'clock  in  the  mornfng,  open  the  poll,  and  receive  _tne 
votes  for  the  Ireehr-lders  of  the  fiid  town,  for  electing  five  perlons  10  be  commiiiioners,  and  ihall  continue  the  fame 
faopetMintilfunier,  when  he  Hull  proclaim  the  five  perfons  who  have  thegriatfift  number  ot  luff.-.-ges  to  be  cor,,:..  1- 
doners  for  the  raftiing  year  ;  and  in  hke  manner  ihall,  on  the  fakTburfiay  in  May  annually,  open  the  poll,  receive; 
tb»vot.-s  and  proclaim  the  connnilHoncrs  as  before  directed,  under  the  penalty  ot  htty  pounds,  proclamation  mo. 
say  for  every  reject  or  rcfufal  to  comply  with  the  directions  of  this  aft;  to  be  n- covered  by  aftum  ot  debt,  bill, 
p;aint  or  information,  in  any  court  of  record  (wherein  no  efibin,  injunction,  or  wager  of  law,  ihall  be  allowed  cr 
Ubitud)  by  any  perf6n  or  perlons  who  ihall  fue  for  the  lame  ;  one  half  to  .he  profecntor,  the  other  naif  to  be  z?« 
shed  towards  defraying  the  continent  diaries  of  government  :  which  ccmmiihoners,  fo  cholen  or  elected,  Ihall 
have  lull  .»wer  and  authority  to  remove  nuUnces,  keep  the  ftreets  m  repair,  and  make  orders  for  the  good    govern- 


ment of  the  faid  town. . 


Chap.  XXiV.  An  ad  for.  ap pitting  comnufc^rs  t:  oxel  a   courijioufe,  prijon,  and  flocks,  inthe  county  of  Gutffcrd. 

Ill "  A  ND  whereas  fuisfjetion  has  Wen  made  to  the  laid  Johi -Campbell  fcr  one  acre  cf  land,  whereon  to  erect:  the 
"  l\  laid  public  buildings  and  to  prevent  any  doubts  that  may  arife  in  conveying  a  proper  tine  tor  the  lame  j 
S-  it  further  enacted,  by  the  maturity  afore/aid,  that  the  fee  fimple  of  the  faid  acre  ot  land  ihall  be,  and  is  hereby  de- 
clared to  be  veiled  in  the  Juftices  of  the  Peace  for  the  laid  county,  and  their  fucccfiors,  forever,  to  the  only  proper 
♦ife  and  bchool  of  the  laid  county,  for  the  purposes  afcreiaid  ;  any  law,  cuftom,  or  ulage,  to  the  contrary,  not- 
with  Handing. 


CiiAB.  XXVII.  An  aH  to  impower  the  Juftices  of "Bladen  county  to  hold  the  inferior  court  tf pleas  end  quarter feffions  m 

the  town  of  Elizabeth,  in  the  J 'aid  county. 
I.  \T7HEREAS  the  removal  of  the  court  from  the  court-haufe  in  Bladen  county  to  the  town  of  Elizabeth,    would 
\  V  greatly  promote  the  trade  and  improvement  thereof  ; 

II.  ffe-it.therefore  enacJed,  by  the  Governor,  Council,  and  Afcmbfy,  and  by  the  authority  of  the  fame,  that  from  and 
after  &e  piling  hereof,  the  interior  court  of  pleas  and  quarter  feflions  for  i  he  laid  county  of  Bladen,  ftwil  be  held 
by  the  jultices  of  the  faid  county  at  fope  convenient  houlc  in  ihe  town  of  Elizabeth  ;  and  that  ad  caufcs,  pleas, 
writs,  anions,  lllits,  plaints',  protefs,  precepts,  recognizances,  indictments,  preferments,  and  other  matters  and 
things  in  the  1'aitUounty  of  5/^eHdep«idJng,ihi!lftand  adjourned  and  continue,  and  are  hereby  ailjouwieti land 
continued,  from  the  court-houfe  of  the  faid  count*  to  the  court  to  be  held  for  the  faidcounty  in  the  town  o,  Elizabeth  : 
and  all  appearances  and  returns  of  procefs  (hall  be  made  to  the  inferior  court  to  beheld  for  the  laid  county  at  the 
town  aforefaid  ;  and  all  fuitors  and  witnefles  (hall  be  bound  to  appear  thereat,  in  the  lame  raanuer,  and  under  the 
fame  penalties,  as  if  the  faid  court  had  been. continued  at  the  court  houfe. 


I  YViar  of  the  Independence.     The  .8 th  of  April,   1777.     Firft  fcflion. 

Chap.  XII.  An  ail  for  enlarging  the  time  €ffaving  lots  in  the  town  of Windfor,  in  Bertie  r tunty. 
I.  TT7HEREAS  from  rhe  impofllbility  of  procuring  fia'ls,  and  other  neeetrarv  materials  for    building,    as    well   as 

V  V  from  many  other  unavoidable  hindrances,  occafioned  by  the  prefent  couteft  with  Great- Britain,  it  hath  been 
put  entirely  out  of  th..'  powsr  of  the  inhabitants  of  the  town  uL Windsor,  in.  Berth  county,  to  compleat  their  buildings 
on  their  refpective  lots  within  the  .time  limited  by  law  •  ; 

II.  Be  it  therefore  enacled,  by  the  General  .^ffimbly  of  the  State  of  North,;Carolina,  and  by  the  authority  of  the  fame,  that 
every  lot  in  the  faid  town  on  which  a  hcu!e  lhall  be  built  of  the  dimenfionstJiientioned  in  an  act  of  Aitembly,  intituled. 
An  afl  for  ejl ablifbhrg  a  town  on  the  land  of 'William  Grayj  on  Cufirj  river,  in  Bertie  county,  or  other  improvement* 
made  thereon,  which  mall  be  deemed  by  the  directors  or  eominiilioner*  of  the  laid  town  equal  thereto,  v.ithin  three 
years  after  the  palling  this  act,  and  alio  every  lot  therein  which  lhall  be  hereafter  icld  or  conveyed  by  the  directors  or 
commiliioners  of  the  (aid  town,  on  which  luchhoule  (hall  be  erected  and  built,  or  other  improvements  made,  which 
mail  be  deemed  by  the  directors  or  commilfiouers  of  the  faid  town  equal  thereto,- within  the  {pace  of  two  years  after 
the  date  of  the  conveyance  executed  tor  the  fame,  lhall  and  is  hereby  declared  to  b;  veiled  in  the'  grantee  thereof, 
his  heirs  and  affigns,  in  fee-fjmple  ;  any, thing  in  the  laid  ace  contained  to  the  .contrary, vnoEwitkflanding.     p.  54. 

Chap.'  XV.   Andilfor  eflablifhing  a  town  on  the  lunar  of  John  Smith,  and  other  purpofes.    . 
I.  TT7HERSAS  it  is  reprefented  to  this  General  Affembly,  that  a  town  on.  the  Jar.daof  John  Smith,  on  the   north 

V  V  fide  of  Neufe  river,  in  Johnflon  county,  where  the  court-houfe  arid  other  public  buildings,  now  Hand,  .would, 
tend  to  the  promotion  of  commerce,  and  be  ^really  for  the  eale and  convenience  of  the  inhabitants  of  that  county  in 
attending  courts  and  other  pnbl.c  bufmef ,  and  the  faid  John  Smith  having  fignified  his  fi  ee  alTetit,  by  a  certificate 
under  his  hand,  to  have  one  hundred  acres  of  faid  land  laid  off  for  a  town,  and  fifty  for  commons  : 

II.  Beit  therefore  enaS-.d,  'by  the  General  Affembly  of  the  State  of  North-Carolina,  and  by  the  authority  of  the  fume ,.  that 
the  directors  or  truftees  hereafter  appointed,  or  the  majority  of  them,  lhall  as  loon  as  may  be  after  (he  palling  of  this 
set,  caufe  one  hundred  acres  to  be  laid  off  in  lots  of  half  acres  each,  with  convenient  ilreefs,  lanes,  and  alleys  ;  which 
lots  fo  laid  off  according  to  the  directions  of  this,  act,  are  hereby  conftituted  and  erected  a  town,.and  Hull  be  called  by 
the  name  of  Smithfield.  . 

III.  And  be  it  further  enacled,  by  the  authority  afor'efmd,  that  fro-n  and  after  the  palling  of  this  act,  Benjamin  Willi- 
timjy  li'tliium  Bryan,  Samuel  Smith,  jun.  John  Rand,  John  Smith,  John  Stephens,  and  Lewis  Bryan,  Efquires,  be,  and  they, 
and. every  ol  them,  are  hereby  ccnftituted  directors  and  truftees  for  the  designing,  building)  and  carrying  on,  the  laid  1 
town,  and  they  fhall  ftand  feized  of.an  indefealible  efcate  in  fee  Itinplo,  of  the  faid  one  hundred- and  fifty  acre*  of -laud, 
to  and  for  the  ufes,  intents  and  purpofes,  hereby  expreffed  and  declared  ;  and  they,  or  a  majority  ;of  the.m,  fhall.  have! 
full  power  and  authority  to  meet  as  often  as  they  fhall  think  neeeffary,  and  caufe  a-pla-n  there..!  tohe.made,  and  there-  . 
in  toinlerta  mark  of  number  km  each  lot...  As  foun  as  the  faid  town  lhall  belaid  off  as  aiorelaid,  they,  and  each  of 
them,  (hall  have  power  to  take  fubferiptions  for  the  laid  lots  of  1'uch  peribns  as  are  willing  to  lubferibe  for  them  ;  and 
when  the  faid  directors  have  taken  fubferiptions  fo*  eighty  lots  or  upwards,  they  .lfcaUappoint  a  day,,  and  .dive  pablic 
notice  to,  the  lubfcribers  of  the  day  and  place  appointed  for  the  drawing  of  the  laid  lots",  which  lhall  be  done  by  ballot, 
iua  fair  and  open  manner,  by  the  direction,  andin  the  prefence.of.  the  majority. of the  faid  dir.ectoEs.at  leaft  ;  and  inch 
fubfenbers  lhall.be  intitled  to  tbelot  or  lots  which  lhall  be  drawn  for  him,  and -corref  pond  with  the  mark-  o'r  number 
contained  in  the  plan  of  faid  town,  i  And  the  laid  directors  at-  the  majority  of  them,  .11  wit*  make  and  execute  deeds, 
for  granting  and  convey  ingthe- faid  onehuudred  acres,  of  land,  in  halt  acres  as  aforeiaid,  to  die  iubferibers,  their  heirs 
and  aiugns,  tor  ever,  and  alfo  to  every  other  perfoawho  lhall  purthafe  any  other  kit  or-  lots  in  the  faid  town,,  at  the 
coft  and  charges  of.  the  faid  grantee  to  whom  the  faid  lot  ertots  iliali  be  conveyed  ,.  and  every  perfonclaiming  any  lot 
or  lots  by  virtue  of  any  iuch  conveyance,,  lhall  and  may  hold  and  er^oy  the  lame  in.fee  fimplc.  .  Provided  neverthelefs% 
that  every  grantee  of  any  lot  or- lots  in  thsiaid  town  lo  conveyed,  lhall  wiihiu  three  years  next  after  the  date  of  fuch. 
conveyance  for  the  lame,  erect,  build,,  and.  finifh,  oii.eachlot  lo  conveyed,,  onewell  framed  or  biickhoulc,  (ixteen  feet 
fquare  at  ,eaft,  and  ten  feet  pitch  in  the  clear,  or  proportionable  toluch  dimenfions,  if  iuch  grantee  (hall  have  two  or 
more  lots  contiguous;  and  if  the  owner  cf  any  lot  or  lots  ihall  fail  to  comply  with  the  directions  in  .this  aft  prefcri- 
bed  for  building  and  finifhing  a  houfe  thereon,  then  Iuch  lot  or  lots  upon  which  fuch  houle  fhall  not,  he  built  and  fi- 
mlhed  asaforefaid  ,(ha!l  be  re-vefted  in  the  laid  directors ;  and  the  (aid  directors,  or  a  majority  ot  them,  may  and  they 
are  hereby  impowetedand  authorized  to  fell  fuchlotor  lots  for  the  heft  price  that  can  be  had  to  any  perfon  applying 
for  the  lame,  and  grant  and  convey  fuch  lot  or  lots  to  fuch  perion  or  peribns,  under  the  like  rules,  icguktioi.s,  and 
reltncfcons,  as  the  lame  was  or  were  formerly  granted,  and  the  money  aiifing  from  fuch  Jale  be  applied  by  the  faid 
directors,   or  a  majority  oi  them,  for,  the  benefit  and  improvement  offaid  town. 

IV.  And  be  it  further  entcled,  by  the  authority  afore/kid,  that  each  refpective  lublcriber  who  ihall  fubferibe  for  a- 
ny  lot  or  lots  in  the  laid  town,  fhall  within  one  month  after  ir lhall  beafcenained  to  whom  each  of  the  .laid  lots  doth 
belong,  in  manner  herein  before  mentioned,  pay  and  fatisjy  to  the  laid  directors,  or  one  of  them,    the  (urn  cf  fifty 


74 

■(hillings  for  each  lot  by  ram  fubtcrbed  for  ;  snd  in  Cafe  if  the  regie  ft  or  refufal  of  any  hibfcrii-cr  to  pay  the  faid  fjm, 
the  fjitl  directors  (hall  and  may  commerce  and  profecute  a  fuit  fcr  the  lame,  and  therein  (hall  recover  judgment,  with 
coitsoffuit.  And  the  faid  directors  (hall,  S6  loon  as  they  receive  the  faid  money,  pay  aid  latisiy  iu  the  ['au\  johtt 
Smith,  his  heirs  or  aihgns,  the  (urn  of  forty  (hillings  for  each  lot,  in  lull  fatbf  action  for  the  faid  land  ;  and  the  o. 
thcr  ten  (hillings  (hall  he  applied  towards  defraying  the  expenccs  of  laying  t-ff  and  improving  the  laid  town,  as  a 
majority  of  the  directors  fliall  think  proper. 

V.  And  (or  continuing  the  I'ucce  lb"  or,  ofthe  directors  until  the  fjid  town  (hall  be  incorporated,  Be  it  further  enabl- 
ed, hy  the  authority  afore/aid,  that  in  cafe  ofthe  death,  refufal  to  jft,  or  removal  out  of  the  county,  of  any  of  the  laid 
directors,  the  turviving  directors,  or  a  majority  of  them,  fliall  afiemble,  and  are  hereby  impowered,  frcra  time  to 
time,  by  inftrumein  of  writing,  under  their  rdpeftive  hands  and  feals,  to  nominate  fome  other  perlon,  being  a 
freeholder  of  the  faid  town,  in  the  place  of  him  fo  dying,  i  elufing  to  act,  or  removing  cut  of  the  county;  which 
new  director  io  nominated  and  appointed,  fliall  from  thenceforth  have  the  like  power  and  authority  in  all  things  in 
the  matters  herein  contained,  as  if  he  had  been  expreiily  named  and  appointed  in  and  by  tins  aft. 

VI.  Provided neverthelefs,  that  the  laid  John  Smith  fliall  have  to  his  own  ufe  a  refcrveof  feven  lots,  exclufive  of 
the  (aid  one  hundred  acre*,  to  fecure  his  dwelling  houfe  and  other  houfes  belonging  to  him  now  on  tk  laid 
lend. 

- 


Chap.   XVI.   An  net  for  tie  regulation  of  tie  tvuin  of  Hilliborcugh. 
EAS  the  erecting  and  eflablilhing  the  town  of  Hilljhorough  hath  been  found  highly  beneficial  and  conve- 
to  the  weftern  parts  of  this  (bite,  and  the  lan.e  being  a  heaithy  pleafant  (huauon,  and    convenient    to 


inland  trade  i 

II.  Beit  enacted  hy  the  General  AiTembly  of the  State  of 'North-Carolina,  and  it  is  hereby  enacted,  that  the  charter 
ofthe  town  of  frill/borough  be  and  remain,  with  all  and  every  privilege  therein  mentioned,  whole  and  emne,  to  the 
ule  and  benefit  of  the  prefent  and  future  inhabitants  ofthe  f.nd  town  of  HiVfboi  <;t:gh. 

HI.  And  be  it  enacted,  by  the  authority  afore/aid,  that  William  Johrifion,  James  Hogg,  John  Sheels.  ll'itliain  Court- 
vey,  and  James  Wall 'on,  Efquires,  be,  .-nd  are  hereby  appointed  commiflioi.crs  of  the  laid  town  ;  and  they,  era 
majority  of  them,  aTe  hereby  impowered  to  bring  the  Jormer  commiliioners  to  account  for  any  money  that  may  re- 
main in  their  hands  ;  and  the  commiffioncrs  above  mentioned,  or  a  majority  of  them,  are  hereby  iropouered  to  lay 
out  iuch  money  agreeable  to  the  directions  hereafter  mentioned  for  Lying  out  the  town   taxes. 

IV.  AnA  be  it  enacted,  by  the  authority  afore/aid,  that  from  and  after  the  pafling  of  tins  aft  the  commi'lfioners,  or  a 
majority  of  them,  (ball,  and  they  are  hereby  required,  within  twenty  days  alter  the  firil  luefaay  in  June  in  tvtry 
-year,  to  lay  fuch  taxes  as  tncy  fhall  judge  neceliary,  not  exceeding  twelve  Ihillings  and  fix  pence  per  poll,  on  all  the 
taxable  perfons  in  the  faid  town  ;  which  tax  (ball  be  collected  by  warrant  under  the  liana's  and  lea  Is  of  the  commilii- 
oners,  or  the  majority  of  t  lem,  directed  to  any  rerfon  t  ley  (haJJ  appoint  to  collect  tne  lame,  returnable  at  loch  time 
its  fliall  be  therein  mentioned  ;  which  laid  colli  dtor  appointed  as  aforelaid,  >s  hereby  i  npowefed  to  collect  aaid  make 
diftrefs  for  the  fame,  in  like  manner  as  other  collectors  of  pubic  ■>.  county  taxes  fliall  be  nnpo^ercd  by  law  ;  and  the 
money  nrifing  therefrom,  after  deducting  five  per  cent,  eommiffions,  (hall  by  him  be  paid  into  tl  e  hands  ot  t  lie  com- 
-mifiioners,  or  a  nidjo-ity  of  them,  to  be  by  them  Applied  and  laid  out  in  clearing  and  repairing  the  public  (fleets, 
lanes,  and  allies,  and  in  anv  other  pnblic  work  they  may  judge  neceiTary  for  the  benefit  oi  the  faid  town. 

V.  And  be  it  further  eaacled,  by  the  authority  afore/aid,  that  the  inhabitants  ot  the  laid  town  .(hall,  and  they  ar,3 
hereby  required,  to  gn'e  in  a  lilt  of  al!  the  taxable  perfons  in  each  of  their  relpeciive  families,  on  oa:.h  or  affirmation, 
to  fome  one  cf  the  cg  nmiifiopcrs  aforelaid,  between  the  fir  It  and  fecond  TuefLys  m  j.wein  every  year,  under  tnje 
penalty  of  three  pounds  for  every  neglect  ;  to  be  re.O.vered  by  warrant  under  tne  hands  and  feals  of  the  conmillion- 
ers  of  the  laid  town,  or  the  majority  cf  them,  to  be  applied  to  the  public  flock  of  ihe  (aid  town. 

VI.  /indbeii  enacted,  by  the  authority  aforefaid,  th.ii  all  per  Ions  redding  three  months  in  the  (aid  to  >vn  next  before 
the  fnft  Tuefday  in  June  in  every  year,   (hall  ..forwards  be  fubjeft  to  p..y  taxes  in  ;hc  (ad  town. 

VII.  And  be  it  further  cradled,  by  the  authority  efore/aid,  that  no  pel  fon  Ihall  after  the  pafling  of  this  act  be  obli- 
ged to  woi  lion  the  ftrtets  or  other  public  places  iu  the  faid  town,  or  to  pay  any  other  to, vii  tax  but  fuch  as  it  herein 
before  mentioned. 

VIII.  And  be  it  further  enacted,  ly  the  authority  aforefaid,  that  no  inhabitant  of  the  laid  town  fliall,  on  any  pre- 
Ten'ce i  whatloeVer,  keep  any  hog  or  hogs,  llioat  or  pig,-  01  any  geele,  running  at  large  within  the  bounds  of  the  faid 
town,  on  penalty  of  forfeiting  filch  hog  or  hogs,  fhoat  or  pig,  or  geele,  and  paying  th~  Jinn  of  twenty  Ihiilings  (or 
■two  and  one  Bill  dollars)  to  the  party  aggrieved  ;  and  further,  that  it  l.lull  aid  may  be  lawful  for  any  perfon    whatc- 

ver  alter  the  tenth  day  of  Jane  next  to  /hoot,  kill,  or  othenvjle  dejlroy,  Juch  bog  or  hogs,  ihoat  or  pig,    or  geele, 
fo  running  at  Isrge  within  the  faid  '.own. 

IX.  And  to  prevent  dangers  ari/ing  by  fire,  Be  it  enacted,  by  ihe  authority  aforefuld,  that  each  and  every  houfe- 
holdfr  w  irhin  the  faid  tow  n  of  Tdiilfi  trough  \\  all  procure,  or  caulc  to  be  procured,,  two  .(ulTkient  leather  bi  ikets,  and 
a  ladder,  nrx\  keep  the  fame'ln  c'br.tirual  rcadinjls  againli  any  alarm  that  m.-rv   be  given,  occaiioned  by  the    breaking 

but  of  lire  at  rfny  time  in  the  falci  Eon^n,  on  penalty  ot  paying  twenty  millings, 
X.  An  J  whereas  t'le  too  frequent  cuftpjn  ot  itniaodcruiS  Fidi'ig  of  uorlo  ,n  and  through  the  laid  town  is  fotj.id    to 


75 

have  a  very  dangcrcirs  tendency  :1o  present  uTiich,  Be  it  enacltd,  by  the  tnih-.r'rtv *fa*J$4)  tl  at  no  perron  or  rtr- 
foiu  from  ar.d  fcf.tr  tl.c  polling  L.t  ihi.'- .ift,  on  any  pit  tenet  whufoever,  h:al!  imnu.c'eratcly  side  or  drain  my  liorie 
cr  marc  in  or  through  ihe  faid  tUWOj  or  any  oi  theiirects  thereof,  o:i  penalty  ci  forieiting  and  raying  the  ium  five 
fhillirg*  for  each  and  every  offence  ;  to  be  recovered  by  warrant  under  the  hand  and  leal  cf  any  juftice  of  the  Ptate 
of  the  laid  county. 

XI.  And  be  it  tnecled,  by  the  cuthoiity  aforefaid,  that  from  and  after  the  p-fiiiip  of  this  act,  the  inhabitants  of  the 
town  of  Hillfcorough  are  hereby  requited  to  meet  at  tl  e  ccurt-hcuhe  in  the  laid  town  on  tiie  firft  Tut/day  in  Seftembtr 
in  evtry  year,  then  and  there  to  chooie  five  conimilhoners  for  the  (aid  town  ;  which  liull  be  elected  by  ballot,  under 
ihe  infpection  of  two  pet  Ions,  to  be  ciio'.e  by  the  ireel.o>ders  of  laid  town  lor  that  purpoie. 

XII.  And  be  it  enacted,  by  the  author: y  aforefaid,  that  as  loon  as  thef^  elecled  ate  qualified  to  proceed  oubnfine's, 
that  the  fori:  er  commiffiotiers  are  hereby  required  to  give-up  what  money  remains  in  their  hands  of  the  town  taxes 
ar.d  renthr  mi  account  ot  their  proceedings  to  tie  new  comuiliicntr»  ;  and  the  commiffioners  for  laid  town,  ftom  and 
after  the  palling  of  this  aft,  are  required  tokeep  the  town  cunmon  open  for  the  benefit  of  the  tow  n. 

XiJI.  ,-jk.I  br  it  further  enabled,  by  the  authority  afore/aid,  that  the  fiieth,  feventh,  a::d  fifteenth  feclions  of  an 
act,  intituled,  An  acl  to  amend an  act,  for  tjfablijb'wg  a  tOJjn  on  the  land jorrnerly  granted  io  William  Churton,  /)  teg 
*»  the  north  fide  the  river  Ence,  in  tjie  county  o/"(/ran^e,  pafied  at  Npwiiern  the  third  day  oi'  November,  one  iuoul«ii)vl 
feven  hundred  and  tixty  fix,  /hall  be  and  remain  in  lull  force  and  virtue,     p.  47. 

Ci'AP.  XX.  An  e.cl  for  incorporating  the-  prefdent  and  trvfees  of  Libert)-  Hall,  in  trie  county  of  Mecklet.btirg. 
I.  V^/r'EKLAS  the  proper  education  of  youth  in  this  infant  country  is  highly  ncceflary,  and  would  aniwir  the 
\  7  n.clt  \aluahie  and  beneficial  purpofes  to  this  Hate,  and  the  rood  pecple  thereof  ;  and  whereas  a  very  pro. 
■mi ling  experiment  hath  teen  made  at  a  leminary  in  the  count)  of  MecUenlprg,  and  a  number  ofyouths  there  taught 
have  made  great  advancements  in  the  knowledge  of  the  learned  languages,  ;:nd  in  the  rudiments  of  the  arts  and 
fcituces,  in  the  cot  rle  of  a  regular  and  finiihtoi  education,  which  the)  have  iince  con  pleated  at  various  colleges  in 
diiiant  parts  of  Ameftch  ;  arcl  v.J.cicas  the  leminary  aforefaid,  sr>d  the  fevc-ral  teachers  who  have  iucctllively  tauniit 
and  pre  titled  therein,  have  hitherto  been  almoil  wholly  iiippurted  by  private  fiibllripticvns  :  in  order  therefore  that 
the  fiid  fublcriptions  •->.n<l  other  gratuities  may  be  legally  ptiitffed  and  dui)  'applied,  and  the  faid  leminary,  by  the 
n.-.r,)-;  of  Liberty  ffdit,may  become  mere  exteniively  and  generally  ufiiiul,  lor  the  crcourn^ement  of  liberal  kne  •.,  led^e 
in  languages,  aits  and  lciences,  and  for  diitiiting  the  great  advantages  61  education  upon  more  liberal,  eafy,  and 
generous  terms  ; 

"II.  l\  i:  ettafled',  by  ihe  General  Affnibly  f  the  State  '/North-Carolina,  and  by  the  authority  of  the  fine,  that  the 
find  leniii.ary  ftiall  be,  and  it  is,  hertb,  declared  to  be  ah  Academy,  by  the  name  ol  Liberty  Hall. 

III.  A-ul  be  it  fnr',ht>  aiucled,  by  the  authority  4f.rfl.jd,  that  Ifuac  Alexander,  prefident,  and  MefT.  Tffmnas  Polk, 
Thomas  .\e.l,  Atruhum  Alexander ,  IV aightj rill  Awry,  Ephraitii  Eicvard,  Dfv'td  Calivitll,  James  Edmonds,  John 
b-dmpfon,  Thomas  ReisA  AdU\i  Cfborn.  'iamutl  RfiCorkk,  f) 'phn  M'bhidt  Afekcrider.,  Thomas  TrFt  til!,  and  'James  Ihvl, 
be,  an  i  they  ;rc  hereby  formed  and  incorporated  into  a  body  politick  and  corporate,  by  the  name  of  pr-fldem  and 
trufhes  cf  Liberty  Hall,  and  by  that  name  (ball  have  perpetual  fucctflion,  and  a  common  leal  ;  and  that  they  tiie  faid 
prefident  ar.d  trufreet,  and  their  lucceilors,  by  the  name  aforefiid,  or  a  majority  of  in  em,  flial'i  be  able  and  capable 
in  law  to  take,  deinan  J,  receive  and  polfefs,  all  monies,  goods  and  chattels,  that  (nail  be  given  them  fcr  the  u!e  of 
the  laid  Academy,  and  the  lame  apply  according  to  the  will  ot  the  dorors  ;  and  by  gift,  pui  chafe  er  devile,  to  take, 
have,  receive,  pcfiefs,  enjoy  and  ret-dn,  to  them  and  their  lucceficrs  Icr  ever,  any  lands,  rents,  tenements  and  he- 
rcdit  miei.ts,  of  what  kimj,  nature,  or  quality  kiever  the  fjme  may  be,  in  fpecial  trult  and  confidence  that  the  fame, 
cr  tiif  profits  thereof,  (hall  be  applied  to  and  for  the  ules  and  purpofeb  of  ellabliiliiiig  and  endowing  the  faid  Academy 
cf  Liberty  Hull,  in  the  county  61  Mccklh'fl>uray  building  or  purchaling  hutalile  and  convenient  houles  for  the  f.ime, 
providing  a  philolbphica!  apparatus  and  public  library,  and  luppo'rfmg  and  paying  ialaiiesto  the  pre'ident,  and  fuch 
r.unber  of  pio'ieiiors  and  tutois  thereof,  a>.  (hall  be  aeceuary  to  mltruci  thelhideuts,  and  they  lhaJl  be  able  to  p?y  out 
of  the  public  fu:id8  that  (lull  be  ia  their  hands. 

IV.  And.be  it  enabled,  by  the  authority  a  for  tf aid,  that  the  faid  prefiJent  and  truftce?,  and  their  fucceflors,  or  a  ma. 
jcvity  of  then,  by  the  na  ne  aforefaid,  fh.tH  be  able 'and  capable  iii  law  toba(  jaih,  fell,  grant,  dem.f.-,  alien  01  dif- 
pcfeoi,  andccn\ey  and  allure  to  the  purchafers,  any  [itch  landr,  rents,  tei.rmenis  or  hereditaments  afcrcf.dd,  when 
the  condition  of  rhe  grant  to  then),  or  the  will  of  the  devifor,  does  not  forbid  it.  And  further,  that  they  the  laid 
prd'Hent  and  trnitecs,  and  their  luccefrors,  tor  ever,  or  a  majority  of  therr,  lhall  be  able  ar.d  capable  in  law,  by 
t;ie  name  aforelaid,  to  lue  and  in.pkr.d,  be  lueil  and  itupleadeti,  aniwrr  and  beanlweied,  in  ad  courts  of  record 
wiiati'o.'ver. 

V.  And  re  it  furfur  tvacled,  by  the  authority  aforefaid,   that  the  faid  president  and  trufltesbe.    ar.d  they  are  hereby 

rid,  autc.oii/ed  au'i  required,   to  convene  at  thetown  oi  Charlotte  on  the  third  Tat/d.ty  cf  Cclchf  rtxi  alter 

his  ..ct,  and  then  and  there  elecj  and  toiiditue,  by  CQimuiiriun  in  writing  under  their  !  ur.ds,  and  leahd  with 

the  'oumon  lea!  aftr.e  cnrooratioii,   inch  ind  lo  many  prcfcilors  or  tutt  1 5  as  they    11  ay    ti.ii.k    <\\  cdiert  ;   aid    then 

sujj  there>   ar.d  at  all  other  times  for  e.'.i  hereafter,   wnen  the  faid  pre  lident  ami  trullte- .  their  lutctfTors,  er  a  n  .  jo- 

•Xity  of  them,  ihaiibe  conrcneJ  and  met  tctgetiier  tn  the  faid  cputity  oi  MtJtitenbu'rj^  they' ii. all  ha\e    lull  power  and 


76  -    . 

lawful   authority   to  elecY  aid cr»n(titute  one  or  mare  profeflbrs  or  tutors  ;  and  alfo  to- make  and  ordain  fuch  laws,.... 
rules  and  ordinance;,  not  repugnant  to  the  laws  of  this  ftate,  for  the  well  ordering  and, governing  the  ftudentt,  their 
murals,  (Indies,   and   academical  exercifes,  as  to  them  (hall  f'eem  meet  ;  and  to  give  certificates  to  fuch  (Indents  as  ihall .  , 
leave   the   laid   Academy,  certifying  their  literary  merit,  and  the  progrels  they  ihall  have  made  in  uleful  -knowledge, 
whether  it  "be  in  learned    languages;  arts  or    Iciences,  or  all  of  them. 

VI.   Be  ltj'urt/'jf  enacfeS,  by  the  aat-hvity  afore/aid,  that  the  Lid    Prefident  and   tutors,  before  they   enter  upon  . 
the  execution  of  the  trult  reputed  in  tnem  by  this  a<5t,  Ihall  tike  the  oath  appointed  for  public  officers,  and  alfo   the 
following  oath,  viz. 

I    A.   B.  d>  /wear,  that  I -will  duly  and  faith jully,  to  the  be/i  of  my  /kill  and  ability,  execute  and  difcha'rge  the ■  feveral  . 
irufls,  p-jvjjrs,  and  author':: ies,  -wherewith  I  am  veiled,  by  an  ac7  of  the  General   Affembty,  intituled,   An  act.   for  in- 
corporating the  prefident  and  .truftees  of  L'be>  ty  HuiL,  in  the.county  of  Mecklenburg  ;and  that  I  -will  endeavour  that  all  ' 
monies,  g'jiids,  chattels,  and  the  profits  of  lands ,  belonging  to  this-  corporation,  JIjjII  be  duly   applied  to  the   ufe  of  the  _  A' 
caderpy,  for  the  advancement  of  learning,  and  as  mar  as  may  be  agreeable  to  the  -will  of  the  donor, 

SO  HELP  ME  GOD: 
And  if  any  prefident  or  truftees  of  the  Lid  Academy  fiiall  enter  upon  the  execution  of  the  trufts  repofed  in  him  by  this 
act  before  taking  the  faid  oathsas  above  required,  he  Ihall  forfeit  and  pay  the    fnm>  uf  twenty  pounds,  proclamation   . 
money.;  to  be  recovered  by  action  of  debt,  in  the  name  of  the  Governor  of  the  State  for  the  time  beings  and   appli- 
ed to  purohafe  books  for  the  ufe  of  the  Lid  Academy. 

VII.-  And  be  it  further  enabled,  bv  the  authority  oforefaid,  that  the  prefident  and  .truftees  fhall  annually  in  the 
mon;h,of  Cildb'er,  elect. and  aimmilfionate  forae  peffon  to  be.treafurer  for  the  faid  Academy,  during  the  term  of  one 
fear;  which  ireifurerfhaHseiiter  into'  bond,  v.  ith  fuficient  lecurity,  to  the  Governor  for  the  time  being,  in  the  funs 
ot  five  -tlioufand  pounds,  conditioned  for  the  faithful  difcharge  of  his  office,,  and  the  truft  repofed  in  him  ;  and  that 
all  monies  and  chattels  belonging  to  the  faid  corporation,  that  ihall  be  in  his  hinds  at  the  expiration  of  his  office,  mall 
men  be  immediately  paid,  and  delivered  into  ihe  hands  of  the  lucceeding  treafurer.  ■.  And  every,  treafurer  (hail  re- 
ceive all  monies,  donations,  gifts,  becuieib,  and  charities  whatloever,  that  may  belong  or  accrue  to: the  laid  Acade- 
my during  his  office, -.and  at  the  expiration  thereof, (hall  account  wish  the  truftees  for  the  fame,  and  the  fame  pay 
and  deliver  over  10  the  fucteeding  treafurer  ;  and. on  hit  neglecbor  refufal  to, pay  and  deliver  as  aforefaid,  .the  fame, 
method  of  recovery  may  be  had  againit  him,,  as.ii  otawy  be  provided  for  the  recovery.  of,nionies.  from  fherifts  or  o- 
ther  perf'ons  cbargeabler-with  public,  monies-.  . 

VIII.  And  whereas  it  isnectlLry,  to.make.pr.avifiGn  for  the  appointment  of  fucceeding  prefidenls  and,  fbececding- 
uuftees,  in  order  to  keep  t-p  a  perpetual  .lutceflion  ;  B~  >'  there/ore  enabled,  by  the  authority  aforefaid,  that-  on  the 
deathj  r.fulal  to  qualify,  relignaiior-.,  or  removal  out  of  the  itate,  of.the  prefident  or,  ai.y  of  the  truftees  for  the 
lime  being,  it  Ihall  be  law  ful  for  ihe  remr.uing  trultees,  or  a  majority  of. them,  and  they  are,  herebyautheri2ed  and 
required,  to  convene  and  meet  together  in  the  faid  county  of  Mecklenburg,  and  there  ele&  and  appoint  another  prt- 
fidsnt,.  or  one  or  more .trufiee.-,  huhe  room  and  ftead  of  filch  prefident,  truftee  or  truftee?,  dead,  refufing  to  quali- 
fy* refigned, ;  or  removed  out  of  the  .State  ;  whih  prefident  and  trultees. fo  eltfted  aiid  appointed,  fhall  be  vetted 
n-itli  th«  fame  trufts,  powers  ami,  authorities,  as  otfeei  fellows  and  truftees  pre  in  veiled  with  by  virtue  of .tju'  aft,  he 

>r  they  havingfir.lt  taken  the  oaths  by  this  act. required..  . 

IX.  And  be  >t  father  enacted,  by  the.  authtriiy  ofoiejaid,  that  the  faid  truftees  and  their  fuccelTors-,  or  a  majority  of 
them*  at  their  meeting  mOclober  annually,  pnd  at  any  other  meeting  called  for  that  purpofe  (after  due  notice  given 
to  at.leaft.nine  ot  the  truftees,  fignifj,iug  the  occaiio.n  of./uch  meeting)  fiiall  have  full  power  and  auikJrity  to  hear  a- 
ny  complaint  againft  tie  prefident,  or  any  ptofelfor  or  tnt«r>  and  for  miibebaviour  or  neglect  to-fufpend,  or  wholly 
remove  him  or  them  frpni  office,  and  appoint  others, to  fill  the  lame  office  or  offices  refpedively  ;  and  any  prefident  Jo 
removed  from  office,  fiiall  from  thenceforth  ceafe  to  be  a  member,  of  the  corporation,  and  the  prefident  appointed  iu 
his.  room  andjtead  .Ihall  ibcvefted.wnh  ail.  the  authority  and  privileges,  with  which,  the  prefident  by  this  act  appointed 
is  inverted. . 

X.  I'rovidea  never thelefs,.  and  he  it  further  enabled,  that  this  act*  or  any  thingjnereri  contained,  ■ftotfi  not  extend, 
oc-be  underth.odto  make  thi;  Academy  one  ot  thole  fem'maries  mentioned  in  the  conltitution, ,  to  oblige  this  (late  to 
fugport.any  prefidens  profeflbr  or  tu.or,;  of  Lid  Academy,  or.other  charge  or  ex  pence  thereof  whatloever  ;  this  aft 
ot  iikarporat  ion  haying  been  obtained  at  the  earnclt  prayer  and  intrw.ty  of  the  faid  truftees  and  -others,  who,  were  de- 
fi?p-.!8  to  contribute  towards. the  fupport  there.ol..  . 


I T  Year  of  the>  Independence.    Thfe  13$  of.NoTember,   1777.     Seeond  Scffion. 


O  .p.  XXVII.  An  acl  for  appointing  commiffipners  to  lay  off  and  mark  a  road  from  the    court-hcuff,  in   the   county   of 

Wafhington,  through- the  mountains,  into  the  county  of  Burke.  . 
I.  CT7HFREAS  the  inhabitants  ot  Wajhing ton  county- would  derive  great  advantages  from  apublic  roar!  leading  rJK 
VVrcaiy  through  the  mountains  into  the  county  of  Burke,  for  horles,  carts,  and  waggons,  to  pals    to  tiie   lea 

ports  in  this  ftv.ts  and  South  Carolina. 


77 

II.  Be  ;t  therefore  tn.icfe.-l,  by  thr  Gir.:r  d  Affimblv  rt' the  Stat?  s/No-th-Carolha,  an  J  it  U  he'ehy  er.aSted  bv  tie 
authority  i[  t:"f.ru;  chat  Charles  M  '■  Dovfst,  John  M'Do.vtl,  Samuel  Bright,  Ezekiel  Sm'.th,  aid  Jacob  Wvn.ick,  be, 
and'they  are  Hereby  appci  HccJ  com<n>'Iioner3,  and  thev,  or  a  majority  of  them,  are  i.npo-vered  and  authorize  1  to 
by  off  -;id  mark  a  road  h  ■  the  nsareft  and  belt  way  from  the  houfe  of  Charles  Rtbinfon,  where  the  caur:  hah  been 
held  in  tiie  county  of  W  ijblngion,  to  the  houfe  of"  Edward  Smith,  where  the  court  hath  been  held  in  the  count/  of 
Bwke  ;  and  the  laid  con  n>inoners,  or  fuch  nujority  of  the  n  as  lhall  lay  of  and  caule  the  f.i  1  road  to  be  marked, 
{hill,  and  the/  are  hereby  required  to  return  a  proper  furvey  thereof,  cerrified  unler  their  handsand  feals,  to  the 
rc.'peifiv.-.  courts  of  the  (aid  con  .tie*  of  IVafhington  and  Burke. 

ill.  And  oe  it  further  enailed,  hy  the  authority  aforefaid,  that  after  the  faid  road  fhall  be  laid  off  and  msrked,  and 
a  (ur.ev  thereof  returned  as  a'orelaid,  the  counts  of  the  counties  of  Burke  and  IVafhington  refpectively  lhall  have  full 
power  a.id  authority  within  their  refpective  counties  to  appoint  ovcrfeers,  and  make  order  for  fuch  number  of  the  irt» 
j;,b  ans  as  thsy  fhali  think,  proper,  toclear  out,  work  upon,  and  keep  the  laid  road  in  repair. 

The-refl  Obfolete. 

Cil  \P.  XXIX.  An  ail  to  impower  the  courts  for  the  counties  ofTvyon  and  Guilford  to  lay  a  tax  hy  affeffment,  for  fin'jh. 
ingthe court  houfes,  prifan  and  flacks,  m  the  /'aid  counties  ;  and  alio  to  impower  the  fevtral  counties  in  the  difi'ricl  of 
Wilmington  /:  levy  taxes  for  building  a  dift  rid  gaol,  and  gaol 'er' 's  houfe ',  in  the  town  of  Wilmington,  and  other  purpo- 
Je<. 

I.  II.   III.  IV.   V.   VI.   VII.  VIII.  and  IX.  Obfolete. 

X.  \  ND  be  it  ft  -ther  en  idled,  by  the  authority  aforefaid,  that  after  fuch  gaol  mall  be  erected,  when  any  perton  or 
L\  perfons  lhall  be  apprehended  for  any  offence  committed  within  the  diltricf  aforelaid,  it  (hall  and  may  be  law- 
ful for  the  Magi/Ira:*  or  Magistrates  before  whom  fuch  offender  fhall  be  examined,  if  he  or  they  think  it  neceffary,  to 
commit  fucholf;  i'&i't  so  the  aforefaid  gao'  ;  and  the  flienlf  of  the  cc  unty  for  the  time  Leing  where  fuch  offender  lhall 
be  apprehended,  is  hereby  authorized  aid  required  to  convey  fuch  offender  to  th  e  laid  gaol,  and  deliver  him  or  her 
to  the  iheritfor  keeper  thereof,  and  take  a  receipt  of  fuch  fher.ffor  keeper,  which  fhall  be  his  difcharge  for  fuch  pri» 
foner. 

XI.  And  be  it  ftrth'r  enailed,  by  the  authority  aforefaid,  that  after  the  faid  gaol  and  gaoler's  houfe  fhall  he  built  as 
aforefnd,  the  fh-.ri.fof  the  county  of  New-Hanover  for  the  time  being,  is  hereby  directed  and  required  to  employ 
lo'TiepeiTonof  integrity  to  be  keeper  cf  die  faid  gaol,  who  during  the  time  any  perfon  commtted  for  a  capital  offence 
fh:.li  be  in  tie  faid  gaol,  Hull  co  iftantly  refide  in  the  laid  gaoler's  houfe,  and  take  all  lawful  ways  and  means  from 
preventing  theefc.pe  of  fuch  offender. 

Chip.  XXXVII.   At  ac7  for  fecurbtg  lots  in  Elizabeth  t>w;r,  in  Bladen  county. 
I.  V  T  7HEREAS  from  the  impofliluhty  of  procuring  nails  and  other  neceffary  materials  for  building,  ss  we!!  as  from 
VV  many  other  unavoidable  mniir.mces,   occafion.'d  by  the  prefent  coutelt  with  Great  Britain,   it   has   bean   put 
entirely  out  of  the  power  of  the  inhabitants  of  the  town  of  Elizabeth,  in  Bladen  county,  to  compleat  their  buildings 
on  their  refpective  Jors  within  the  time  limited  by  lav  ; 

II.  Be  it  therefore  enacled,  by  the  General  Affembly  of  the  State  o/"North  Carolini,  a'id  it  is  hereby  enaJJed  by  the  au- 
thority of  the  fame}  that  every  iot  in  the  laid  town,  ou  which  a  houfe  fhall  be  buiit  of  the  dimenlions  mentioned  in  an 
act  of '  Aflembly,  intituled,  Ai acl  foreftablifhing  a  town  on  the  land  of Ifaac  Jones,  en  Cape-Fear  r:ver>  in  Bladen 
county*,  or  o  her  improvements  made  thereon,  which  fhall  be  deemed  by  the  directors  or  commiflioners  of  faid  town 
equal  thereto,  within  the  foate  of  three  years  after  the  palnng  of  this  act,  (bail  and  is  hereby  declared  to  be  veiled  in 
the  grantee  thereof,  his  heirs  and  ailigns,  in  fee  fi.mple,  any  thing  in  the  laid  act  contained  to  the  contrary  notwith- 
standing.     *  p.  67. 

Chap.  XLV.  At  ail  for  the  regulation  of  the  town  of  Edenton. 
I.  TT7HEREAS  the  regulation  ol  the  town  of  Edenton  would  be  highly  beneficial  and  convenient  to  the  inhabitants 
V V  thereef ; 

II.  Be  it  there  fat  etnacled,  by  the  General  Affembly  of  the  State  of  North  Carolina,  and  it  is  hereby  enabled  by  the  au- 
thority of  the  fame,  that  fr,  m  and  affr  the  palling  of  this  act,  JojephHewes,  Robert  Smith,  William  Bennet,  Charles 
Bonfiell,  and  Sanuel  Dickenfon,  Enquires,  be.  and  they  are  hereby  appointed  commiffioners  of  the  faid  town;  and 
tiey>  or  a  majority  of  them,  are  hereby  inverted  with  the  fame  powers,  and  mid;  fj'oject  to  the  lame  rules  and  re- 
gulj'.ons,  as  commiffioners  heretofore  appointed. 

II  I.  And  be  it  further  enabled,  by  the  authority  afore  J  aid,  that  from  and  after  the  pafT.ng  of  this  act,  the  commiffi. 
oners  of  the  faid  town,  or  a  majority  of  them,  dull,  and  they  are  hereby  required,  within  ftxty  days  after  the  firft 
•lay  of  January  in  every  year,  to  lay  fuch  tax  as  they  may  judge  neceffary,  not  exceeding  eight  millings  ;  which  tax 
fnall  be  collect-id  by  warrant  under  the  hands  and  feals  of  the  commiiTioners,  cr  a  majority  of  them,  directed  to  any 
perfon  they  fhall  appoint  to  colleil  the  faiie,  returnable  at  luch  time  as  fhall  be  therein  mentioned ;    which  faid  col- 

u. 


lector,  appointee"  a«  nforefaii!,  is  hereby  'mpo'vercd  to  eo]"ecT  and  make  diffrcfs  for  the  fame,  in  like  manner  as't^re 
fheriffi  or  other  colle'floiy  of  public,  county,  or  parifh  taxes,  are  imrowered  by  law  ;  anti  the  moiey  anting  there. 
irom,  after  deducting  C\xper  cent,  comm  iiioni,  ihali  by  him  Le  paid  into  the  hands  oi  the  comir..'iliurier>',  or  a  majo- 
rity of  them,  to  be  by  them  applied  and  laid  cu;  in  clearing  and  repairing  trie  public  ilreets,  lanes  and  alleys,  and  iti 
any  other  public  work  they  m  iy  judce.neceilary  for  the  benefit  of  the  laid  town. 

'  '  IV.  And  be  it  further  enaii.d,  by  the  authority  ajortfaid,  that  ailptri'or.s  rdn'iiig  three  months  in  the  faid  town 
next  before  the  firft  day  of  Juv.uary  in  every  year,   (hall  afterwards  be  fubjecr.  to  pp.y  taxes  in  the  laid  to?,  n. 

V.  And  bs  tt  further  en'aBed,  by  the  authority  afore/^iid,  that  no  inhabitant  of  the  fatd-fown  (hall  on  any  pretence 
v. hatever  keep  any  hog  or  hogs,  Ihoat,  pig,  or  geeiie,  running  at  la.-pc  within  the  bounds  of  the  faid  town,  en  pe- 
nalty tf  forfeiting  ftuh  hog  or  hogs,  (licit,  pig,  or  geele,  and  paying  the  fum  of  twenty  ihiiiinos  proclamation  mo- 
ney to  the  party  aygiieved  ;  and  further,  that  i"ihal!.and  may  helawlul  for  any  pertofl  whatever,  afeer  the  firft  ilay 
oP Jamkry  nextj  to  (hoot,  kill,  orjotherwile  deilroy  luch  iiog  or  hogs,  ihoat,  pig,  or  geei'e,  i'o  running  at  large 
vsiuiin  the  faid  town. 

Vi.  And  whereas  the  flreets  of  the  faid  town  are  fomuch  out  of  repair  that  it  hasb.Tome  inconvenient,  and  even 
.dangerous,  to  wag  nuns  and  other  crnages  to  pals  the  fame  ;  Be  tt  there/ore  enaiied,  by  the  authority  ajorefaid,  tnat 
the  comnnfTiuner^  by  this  act  appointed  be,  and  they  are  hereby  hnpewered  to  fummim  the  male  inhabitants  of  the 
■faid  town  to  work  upon  the  ltreets  thereof  <  nee  in  every  mo  .th,  f  >r  one  day,  and  no  more  ;  and  if  ai  y  male  inna- 
bitant  of  the /aid, town,  above  the  age  ot  listen  ;,e  cr;,  black  or  while,  flwli  fart  to  obey  -fdeh  fimfmorisr,  it  he  be  a 
whits,  (hall  pav  a  fine  of  ten  (hillings,  and  if  a  biac  ,  ti  e  mailer  ol  inch  black  (hall  for  Inch  iieidect  [ci(qijt  ar.d  pay 
the  fine  of  ten  (hillings  ;  the  faid  lines  to  be  collected  by  warrant  of  diirrefs,  Ihblcribi  d  by  I'aid  cont'm  .  loners,  or  .1 
•majority  thereof,  and  directed  to  the  fherif,  c  mitanle,  orcher  miintterial  officer  o)  Che  county  ot  l/;iuu/?,  and  Jo 
collected,  (hail  be  applied  to  the  repair  oj  filch  itreecs. 

Chap.     LXVI.    An  ail  fur  the   eafe   and  convenience  of  the    militia  on   the  vxtfi    fi -L>  f  N.m  port,    in   Carteret 

county. 

j.  TT7TIEREAS  the  cnurt-hou'e  m  Carteret  county  is  tituate between  forty  and  fifty  miles  from   the  well  end    of 
\  V  faid  coUBtv,  and  having  Newport  river  to  croiS,   being  three  niHei  over,    which*  panders  it  '-cry  :nec:i\  en  i  ijt 
and  disadvantageous  to  the  inhabitants  of  tnat  part  ot  laid  county  to  attend  a:  genual  mutters,  and  other  pubdc  buii- 
nels  :   for  remedy  v.  hereof, 

II.  Bs  it  eu.icJ.J,  by  the  G.-nera!  ,:'f  ;>:,':. 'y  if  the  State  of  N'orch- Carolina,  and  it  is  hereby  emrlcdby  the 'authority  ef 
i':t  fti-m,  that  from  and  af;r  the  palling  ot  this  ait,  it  fhalfand  may  be  lawful  (Vr  the  cou.m  mJing  MBcsr  vi'  hud 
county,  whenever  he  orders  a  general  mutler,   to  iiTue  orders  to  the  capta  ns  ol  the  miliiia  j XtV/een   the   welt  tide   of 

.JS'ewtiort  river  and  the  head  ol'  Waiie  Oak  river,  to  meet  at  the  houle  of  Mr.  7  nomas  B  itton,  with  their  companies, 
and  lhall  order  one  or  more  0/  the  field  officers  under  his  command  to  meet  laid  companies  at  the  place  a;c.v.^i-J, 
there  to  tram  and  excrufe  faid  companies,    under  the  fame  regulations  and  reductions  as  at  a  general  mnlter. 

III.  Aid  be  it  enatted,  by  the  authority  afor-j .d J,  that  the  held  oliiccr  attending  luch  maters  Hull,  and  is  hereby 
declared  to  have  full  power  to  hold  a  court  martial  immediately  after  luch  muiter  by  them  held  at  the  place  a,'orelaid, 
and  (hall  hear  and  determine  all  appeals  from  the  privase  mutters,  and  all  other  mi  ,t  -rs  .nd  things  that  any  militia 
court  martial  in  this  (taie  have  a  right  to  determine,  agreeable  to  the  militia  act  in  force  in  chisitate,  and  iliali  make 
a  true  return  of  all  the  precedence  of  faid  court  martial  to  th?  next  general  inufter. 

IV.  And  be  it  further  enacled,  by  the.  authority  ajorefaid,  that  the  commanding  ofitcer  (hall  and  may  order  fjch.rouf". 
ler  to  be  held  at  lealt  ten  days  before  the  general  nv.iiler. 

Chap.  LXVII.   An  ail  for  e ft  abb  ft. i;:^  fairs  in  the  town  of  Wilmington,  m  New-  Hanover  county. 
J,  T)E  it  cnacledy  by  the  General  AtTembly  of  the  State  of  North-C>rohna,  and  it  is  hereby  enabled  by  the  c.uthority    of 
\j  the  j  ami,  that  a  faT  lhall  -md  maybe  lield  in  the  town  of  Wilming  ton,  in  tnc  county  aforefaid,   on  the  fifteenth 
day-  oi  June  and  December,  and  tnat  two  fairs  (hall  and  may  be  annually  held  in  the  laid  town  01  the   fifteenth    days 
of  June  and  December  in  every  year,  each  fair  to  continue  three  days,  for  the  l'al  e  of  every  kind  of  horfes   and  black 
cattle,  flieep  and  hogs,  pcik  and  all  kinds  ot  proviiion,   tobacco,  and  every  other  natural  production  of  the  country, 
and  aim  fat  the  fale  of  all  and  every  fort  of  goods,   wares  and  merchandize,    whether  foreign    or   manufactured    in 
this  it.ire  ;   and  that  on  the  find  fair  days,  and  on  three  days  next  before,   and  three  days  next  after  each  of  the    laid 
fairs,  all  perlons  coming  to,   being  at,  or  going  from  the  fame,  together  with  their  horfc,  cattle,  or    other   effects, 
intended  for  lale,  or  purchafed  at  tha  faid  fairs,  (hall  be  free  and  exempt  from  all  arrelts,  attachments  and   executi- 
ons what  oever,  except  for  capital  offences,  breaches  of  the  peace,  or  for  quarrels  or  to'itroverfies  t!ut  tn.iy  arile  du- 
ring the  i'j'd  time  in  wi.ich  cafes  proce is  may  be  immediately  ifl'ued,  and  proceedings  thereupon   had,     in  the  lame 
marine;  as  if  this  act  had  never  been  made. 

I!.  And  for  the  trial  o;"  complaints  and  informations  in  the  cafes  above  mentioned,  ai  <!  ■  '!'J  ''-  r  t!ie  [$*,'  ','C  contro. 
vcrfieaand  d'.fptited  bargains  ariling  at  the  laid  fairs  ;  Be  it  enacled,  by  the  authority  etfir'efaJd',  that  the  County  court 
,ct  Nj-n.H.iiiKtr  lhall  and  may  appoint  three  Judges  (and  in  cafe  of  death  or  tcfuial  to  ad  of  the  laid  Judges,  cr  euhei: 


79 

of  them,  may  appoirt  de  novo)  either  of  whom  may  on  application  iflhe  cfcatipfls  and  iubpcenas ;  and  the  faid  Judges, 

or  any  two  oi'thein,  fli  ill  and  may  hear    and  determine  infftinter  in  a!!  Inch  cafes,  provided  the  denjajid    or  diljnitpd 

sn<    .     •■     "    ;n  cIcks  not  exceed  the  value  of  ter.pciur.ds.  and  ihall  and  may  iWap  executions,    and  appoint  an 

tiiic; t  or  offic<  fs  to  txeui.r  the  lame. 

!{-(,  Provided  always,  that  if  i  he  Javs  on  which  the  fairs  are  directed  to  be  held  fbould  happen  on  a  Sunday,    then 
the  fair  (ha.ll  be  held  on  tl  e  Succeeding  day. 


C  "ap.   XI.YIII.     '/«  ,'cr  for  (be  better  regulation  rind  ea:s  of  the  militia  in  the  lower  end  of  Hyde  county. 
I.   ~  "  ■  i'.L  .EAo  ihjB  diflai-ce  and  diipculcy  render;  i;  ab:o!cuely  nealLry  tor  the  be&ter  r^guUtipn  and  ea'ie  of  the. 
V  V  militia  m  the;  lower  pai  t  of  the  inhabitants  of  Hyde  county,  calleu  AremaJkeft.; 


i    e  n    i  ..     on  (fremameei  <«s  oueu  ^  uic  i«w  on  eeis  "xik  i  .u  muitcii,  auu  me  iau;    oificer;    mail    nolcl   court-martials 

on  the  da>  s  iJk-  la  ..•  dkedts  other  court  njartials  to  be  held  after  each  ge,tjera]  myiter  ;  an  J  it  nuy  be    lawful   for  the 

laid  court  martials  to  exercife  the  faoie  powers  and  authorities  as  other  cpurt-miai  tials  held  lor  mat  purpoie,  and  not 

I",    and  tr.n  frail  ii:e  p^oceednygs  of  the  iaid  courts  to  the  colonel,     or  commanding   officer  of  the  atorefaid 

,   as  oJ  en  as  rt  guired. 

111.   Autni:  cn.n.J,  by-the  authori'y  oforefoui,    fhat  BOthing  herein    contained    fliall    be    conftrued    to    debar 

the  md.ua  qf  t:^;i  part  ol  :  j  ..j  county  Ir.in  cioii.g  their  duty  at  private  UMjfters,  as  the  militia  law    of  this    ibte   re* 

qii  ?es. 


CHiP.   XLIX.   ,~r.  r.cl  for  c.l '  trlng-the name  qf  John  Giiliard  \'o  that  "/J  >hn  Ifler. 
I.  XT.  JHFREA&  John  Giiliard,  oj  (■.  v.  a  county,  in  this  ituie,  the  ion  p[.Prifci{/a  Gilliprd;  now  the  wife  of  ?Vil. 
\  ••  C  ;A  ■.-(■/,   t.a:  in  in  tin.  tine  ot  hi:  nativity  "hitherto  been  caljed  and  known  by  the  name  of  John  Gul'iard- 

ard  whereas,  from  Ip.-cial  and  urgent  reaions,  the  laid  Jul::-!  Giiliarda$d  Frederick  ifler,  of  Craven  county  aforefaid' 
have  earneftly  petitkn  ed  and  prayed  this  t  fiembly  ttiat  the  name  of  the  iaid  Join  Giiliard  may  be  altered  to  the  name 
t;   ,         /;'    r,  by  a'n  acf  erf  Allen. bly  lor  that  pit:  pole. 

'  Jl.  be  it  therefore  envied,  /n  the  Cnund  .-jfJemUy  of  the  jl-ale  of  North-Carolina,  and "ttis hereby  enacled by  the  sit. 
/  the  fame,  that  irom  and  alter  t|e  r-aufjeafion  of  tins  act,  the  name  of  the  laid  John  Giiliard  ihall  be  altered'  to 
tl  e  name  b|  John  jl  r,  and  that  the  faid  John  Giiliard  mail  from  thenceforth  be  called  and  known  by  the  name  of  John 
djl.r  ;  aBdthafcb)  the  name  of  Johnljter  fie  {hall  be,  arm  is  hereby  enabled  to  take,  receive,  poflefs  and  enjoy,  any 
and  evtrv  deviie,  bcqailt,  legacy,  eilate,  right,  title,  intereft  and  property,  or,  in,  and  to  any  lands,  tenements 
htred.isnients,  goodj,  rnoriie„,  lum  or  turns  of  money,  credits  or  chattels  whatever,  which  Hull  or  may  be  ('iven* 
granted,  aifigied,  conveyed,  or  made  payable  to  him,  b>  the-  Lid  name  of  John  Jfler,  in  and  by  virtue  »f  any  kfl 
will  or  tefta  nelit,  deed.,  bill-offaJe,  conveyance,  bond,  obligation,  bill,  prounlerv'  unie,  or  other  writino  or  aii'urnp. 
t:.»n ,  of  or  froni  any  perfen  or  perfons  wh;iffoever  ;  and  thai  by  the  (aid  name  of  Johnifl'er  he  (hall  and  may  fue  and  re. 
cover,  and  be  fued  and  impleaded,  in  any  act.cn  or  luir,  as  well  at  law  as  inequity,  or  otheruife,  and  may  therein 
plead,  ani'ueror  defi-nJ,  in  full  and  ample  manner,  to  ail  intents  and  purpofes  ;  and  that  by  the  fame  name  of  John 
Jfler  he  Ihall  and  may,  from  the  faid  ratification  of  tliif -act,  in  all  things  whatever,  be  iubjeci  to  the  fame  reihictions 
and  intit'ed  to  the  !-<me  privileges,  benefits  and  emoluments,  as  if  he  had  from  the  time  of  his  nativity  hitherto  been 
Called  and  known  by  the  laid  name  of  John  Jfler,  and  by  no  other  name. 


II  Year  cf  the  Independence.      The  14th  of  April,    1778.      Firft  Seflion. 


Chap.    XVI II.    A,:  acl  for  appointing  comn.ijfloners  to  build  a  bridge  aci <>Js  Cotentr.ey,  and  tor  other  purpofes  therein 

mentioned. 


8o 

time  large  trees  have  been  fell  on  ta«Ji  file  of  the  laifl  bridge,  to  pi-event  fording  the  creek  as  ufual,  to  the  great  in- 
jury of  tne  public  : 

II.  Be  i!  therefore  enattid  by  the  G  »  'red  Afjimbly  of  the  Stale  if  North-Ca'o'na,  andhy  the  authority  of  the  fame, 
that  if  the  affigns  of  the  (aid  Peacock  (h  ill  hereafter  afk,  demand  or  receive,  any  t  ill  from  any  perlbn  or  per  lb  is  or 
cr offing  or  pdiing  over  the  faid  bridge,  or  for  my  waggm.s,  cirrj,  Ijurfesj  cattle,  hogs  or  iheep,  knowingly,  paifing 
cer  the  fait  bridge,  ]uch  perfon  lo  off  nd  g  fhall  forfeit  an  i  piy  the  fj:n  ol  rive  pj  riJs  for  every  toll  fo  received ; 
to  be  recovered  before  any  Juftice  of  the  P. ace  ijy  .my  peril).}  who  Hull  prole c  ■  c  iov  the  f^mc. 

III.  And  whereas  it  is  neccff.ry  that  a  bridge  (huuid  be  built  acrol's  tiie  f.i;d  ciek,  for  the  benefit  of  travellers  and 
others,  and  the  inhabitants  adjacent  thereto  be/mg  defitjous  of  building  the  fa  ne  a:  their  own  expence,  provided  it 
be  f.  ee  from  all  toll ;  Be  it  therefore  enacted,  that  IVillia  •»  Speight  and  23wuw  Edmondfon,  Efqrs.  ce,  aid  they  are 
hereby  appointed  commiffioners  for  erecting  and  building  a  br'dge  ovi-r  the  (aid  cr-eh,  at  the  place  where  the  laid 
I  ridge  now  ftands  ;  and  that  they  be  impowered  to  take  fubicriptions  from  the  inhabitants  who  fhall  be  willing  to 
iuhferibe  towards  building  the  fame,  and  to  enforce  the  payment  thereof. 

IV.  And  tar  the  better  erecting  and  fiiilhing  the  laid  bridge,  be  it  en.itted,  by  the  authority  aforefaid.  that  it  fhall 
and  may  be  lawful  for  the  commi  lioners,  or  the  per  on  or  perfons  who  fhall  tin  iertake  to  build  the  laid  bridge,  to- 
make  ule  cf  f jch  timber  o  1  tiie  lands  of  any  perlbn  whatfoever  as  may  be  molt  convenient  and  neceffary  for  the  laid, 
br.dge,  without  impeachment  of  wafte  there'or. 

V.  An  whereas  the  bridge  built  by  the  afliguees  of  (he  aforefaid  Peacock  v  i!l  be  urcful  to  the  public  until  a  new 
bridge  can  be  erected  •.  Be  it  therefore  emitted,  that  tie  commilfioners  herein  before  named  lhall  have  full  power  and 
authority  to  treu  with  the  prefent  owners  of  the  (aid  bridge,  and  to  purchafe  the  fa  ne  at  luch  reafonable  price  as 
maybe  agreed  on,  and  to  apply  (o  much  of  the  money  to  be  fublcribed  as  aforefaid  to  the  purpofc  of  chlcharging 
fuch  c  >ntract  as  they  n:ay  make  for  the  purchafe  of  tne  laid  bridge  ;  any  thing  herein  contained  to  the  contrary  i;ot- 
■vvithftaudiii!!. 


CHAP.   XIX.   An  attt,  prevent  the  flopping  the  fifi  in  the  YaciLi  l  river. 
I.  T  T  7HEREAS  divers  pcrfo  is  inhabitants  near  the  laid  river  have  heretofore  made  a  practice  of  flopping  the  fame, 

VV  by  building  wares,   dans,  or  heage.,  with  defign  to  catch  fifh  whereby  great  injury   is   done    to    the  ood 
people  rtfident  above  fuch  wares,  dam;,  or  hedges  aforefaid  :  lor  remedy  wher:of, 

II.  Be  it  emit  dby  the  General  Afflmbly  of  tne  Slate  of  Nbrth-Carolin3,  and  it  is  hereby  emitted  by  th  •  authority  of  the 
Jime,  that  from  and  after  the  ratification  of  this  act,  it  (hall  not  be  lawful  for  any  perfon  or  perfons  wh  uloeve;  to  build 

or  erect,  or  ciufe  to  be  built  or  erectid,  or  keep  up  any  that  is  already  erected,  any  ware  dam,  or  hedge  in  the  laid, 
river,  fo  as  to  ex-end  more  than  two  thirds  acrofs  the  fame  ;  but  thai  all  it  op  .ages  lhall  be  fo  made  in  the  Aid  river 
as  to  leave  one  third  part  open  and  free  for  the  paffage  of  h!h. 

III.  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  any  perfon  o-  perfona  who  (lull  often  I  a  ■;amft  this 
act,  fhall  forfeit  and  pay  for  every  fuch  offsnee.  the  fum  of  twenty  pound:,  j  to  be  recovered  by  action  of  d  bt  by  any 
perfon  who  fliall  lue  for  the  faxr.e,  to  h;s,  her,  or  their  own  proper  ule.. 

<  Chap.  XX.   An att  for  fecuring  lots  in  the  town  of  Payborottgh,  in  Edgcomb  county. 

J,  TTTHER.EAS  by  an  act  of  Afihmb-ly,  palled  in  the  year  one  thoofand  (even  hundred  and  iivy,  intituled,  a>:  ifl 
\  V  for  eftabi.lhing  a  town  on  the  lands  of  J  jfeph  Howell,  on  far  river*,  it  is  provided  that  tne  gr.ntee  of  every 
1st  in  the  (at J  to. vn  dial!  iv ithm  three  years  after  obtaining  a  conveyance  for  the  tame,  erect  and  fi  oilh  thereon  a 
houle  of  the  dimenfions  therein  fpecified,  and  on  failure  thereof,  every  lot  whereon  fuch  houfe  lhall  not  be  fo  erected, 
fliall  be  revelled  in  the  directors  of  the  laid  town  by  the  (aid  act  appointed  ;  and  whereas  the  time  limjtted  in  the  laid 
acTt  has  been  found  too  fliort  to  complea  the  bu  tidings  on  the  did  lots  ;     */>.  37. 

II.  Be  it  thereto  e  en.:cl:d  by  the  General  Affembly  of  he  State  of  North  Carolina,  an!  it  is  hereby  ena&'d  by  the 
authority  t£  the  fame,  that  every  grantee  of  any  lot  or  lots  in  t  :ie  fiid  town  that  ha.  not  been  improved  agreeable  to 
(he  laid  at,  is  h  ■  relay  d-.c'ared  to  be  the  proper  owner,  and  (hall  (till  retain  his  or  her  former  title  in  and  to  filch  lot 
or  lots,  h  fee  fisuptel  any  thing  m  the  aforeiaid  aft  contained  o  the  contrary  notwithstanding  ;  provided  fuch  gran- 
tee (hall  within  five  years  next  after  the  palling  this  act  erect  and  fin'fh  a  houle  on  fuch  lot  of  the  ('imenfions  in  the 
laid  act  foecified,  or  other  i .nprovements  made  thereon,  which  fhall  be  deemed  by  the  commidioners  of  the  faid  town 
equal  thereto. 

III.  And  whereis  th;  former  directors  and  truftees  for  the  fiid  town  have  wholly  decline!  acting,  Be  it  therefore 
enatted,  by  the  authority  afore/aid,  that  Robert  Signal,  Edward  Hall,  and  Henry  Irwin  Toole,  Efquires,  Mr.  James  Hill, 
and  Mr.  Witliam  Renn,  are  hereby  constituted  and  appointed  directors  or  tomaaiffioners  for  the  faid  town,  and  are 
hereby  inverted  with  as  fall  powers  aid  authority,  to  all  intents  and  purpofes,  as  the  former  director*  and  truftees 
were.  . 

IV.  And  as  there  were  more  lots  in  the  faid  town  referved  for  public  ufes  than  is  neceffary  for  that  purpofe,  Be  tt 
therefore  enact: d,  by  the  authority  aforefaid,  that  the  (aid  cominiiiiouers  for  the  faid  to. vn,  or  a  majority  of  them,  are 
hereby  authoriied,  requred  and  impo.vered,  w'nhin  eight  months  after  tht  faffing  of  this  act,  to  fill  and   difpofe  cf 


St 

at  pu'Iic  fa'c  a!I  fuch  lot?,  excepting  two  for  the  ate  of  the  court-houfe  and  pr.fon,  for  the  molt  they  can  get  for  th« 
fame,  and  m.ike  deeds  of  (ale  for  the  faid  lots  to  the  purcha.ers,  thdr  heirs  and  aliigns,  and  to  dilpofe  of  the  mone/ 
fo  ariiing  from  fuch  lKIe  in  paying  the  cofts  of  laying  out  and  erecVng  the  laid  town,  and  fuch  other  necefTary  ufes 
for  the  benefit  oi  the  laid  lown  as  they,  or  a  majority  of  them,  ihai  1  think  proper. 


Chap.   XXlII.   An  act  to  amend  an  oB ',  int'tled,  An  ad  for  effablifhing  a  town  in   Mecklenburg   county,  faffed  in  ths 

year  one  tuoufand  feven  hundred  and  fixty  eight,  p.  $j. 
I.  \T7HEREAS  the  commilfionersior  laid  town,  which  isc&lted  by  the  name  of  Charlotte,  were  only  impowered 
\  V  bv  the  recited  act  to  lay  out  one  hundred  acres  into  a  town,  and  fuch  lots  fo  laid  out  being  all  (old,  and  nioft 
of  them  well  improved  by  good  buildings,  and  being  well  firuated  for  inland  trade,  and  the  fituation  being  pleafant 
and  healthy,  has  induced  our  legillature  to  eftablilh  an  Academy  in  faid  town,  by  rhe  name  of  Liberty  Hall  ;  and  ma. 
ny  perfons  being  induced  thereby  to  fettle  in  the  faid  town,  for  the  more  convenient  education  of  their  children,  it 
therefote  becomes  necelTary  to  enlarge  the  faid  town,  and  there  ftill  remains  in  the  hands  of  faid  commiffioncrs  two 
hundred  and  iixty  acres  belonging  to  taid  town  t  therefore,  . 

II.  Beit  enabled  by  the  General  A 'ffembly  of  the  State  of 'North-Carolina,  and  by  the  authority  of  the  fame,  that  from 
and  after  the  palling  of  this  act,  it  (hall  and  may  be  lawful  far  the  corumtflioners  of  faid  town  to  lay  out  eighty  lot! 
more,  to  bz  laid  out  as  the  commiflioners,  or  a  majority  of  them  fnall  think  moil  convenient,  and  in  the  fame  manner, 
and  under  the  direction  of  the  aft  above  recited. 

III.  And  be  it  further  enabled,  bv  the  authority  afore/aid,  that  faid  CPnrmifTioners  fliall  for  ever  hereafter  account' 
with  and  pay  into  the  hands  cf  the  trulteesof  faid  Liberty  Hall,  all  the  monies  that  fhall  arile  from  the  lale  and  rents 
of  faid  lots,  once  in  every  year,  to  be  applied  nthe  ufe  of  Liberty  Hull,  inlaid  town. 

IV.  And  be  it  further  etiutled,  by  the  authority  afore/aid,  that  in  cafe  faid  commiflioners,  or  any  of  them,  fhould  re- 
fufe  to  account  lor  and  pay  all  money  as  by  this  ait  directed,  he  or  they  fo  offending  lhall  forfeit  and  pay  the  fum  of 
live  hundred  pounds,  to  be  recovered  by  action  of  debt,  in  any  court  having  cognizance  thereof,  the  one  haif  to  be 
applied, to  the  ufe  of  Liberty  Hall,  and  the  other  halt  to  the  perfoa  fuing  lor  the  fame  ;.  any  law,  ufage  or  cuitorn, 
to  tne  contrary  notwuhltinding.. 


Chap.  XXVI.  An  ail  for  regulating  Campbelton,  and  ereilbig  public  buildings. 
I,  T  T7  HEREAS  from  the  great  increafe  of  the  trade  of  the  village  of  Crofs  Creek,  within  Che  liberties  of  CampleU 
VV  ton,  the  mealures  formerly  by  law  eflabliihed  for  the  regulation  of  faid  town  are  not  found  conducive  in  its 
prefent  (ituation  to  the  convenience  of  its  inhabitants  :  in  order  to  prevent  aneafy  and  beneficial  intercom  fe  with  the 
back  fettlement  of  this  Hate,  and  to  expedite  the  diflribution  of  public  juilice  in  the  courts  of  ths  county  of  Cumber- 
land ;  . 

II.  B?  it  therefore  entiled  bv  the  General- Affembly  of  the  State  of  'North  Carolina,  and  it  is  hereby  enabled  by  the  au- 
thority of  the  fame,  that  from  and  after  this  ffifion  of  Affembly,  the  village  of  Crofs  Creek,  and  town  of  Campbelton, 
ihall  b~  united  into  one  town,  und«r  the  name  ot  Campbelton,  and  fliall  hereafter  have,  hold,  poifefs  and  enjoy,  ali 
rights,  po  i  ers,  privileges  and  immunities  which  the  village  of  Crofs  Creek,  and  town  of  Campbelton,  feparately,  or 
both  collectively,  do  now,  or  may  at  any  time  hereafter,  have,  hold,  poflefs  and  enjoy. 

III..  And  b(  it  further  enail-i,  by  the  authority  of  ore  faid,  that,  Peter  Mallet,  Robert  Cochran,  Leiuir  Bargf,  Daniel 
Sutherland^ James  Patterjon,  George  Fletcher,  and  Robert- Rowan,  be,  and  they  are  hereby  appointed  commiffiouers 
to  lay  out. and  regulate  the  faid  town,  and  to  make  fuch  flrects,  ways  and  allies,  as  to  them  fhall  leem  molt  fuitablefor 
perlons  palfmg  to  2nd  from  different  parts  of  the  laid  town,  and  convenient  for  waggons  and  other  carriages  driving 
in  the  laid  town,  and  liberties  thereof. 

IV.  And  be  it  further  enailed,  by  the. authority  afar  efaid,  that  the  faid  commiifioners,  after-having  Jaid  out  the  faid 
town  in  manner  as  they  are  heretofore  impowered,  fhall  view  and  value  on  oath  all  houfes,  tenements  and  improve- 
ments, which  ihall  interfere,  or  be  in  the  way  of  the  ftreets  laid  out  as  aforefaid,  and  may  remove,  or  cauie  the  fame 
to  be  removed  5  and  the  damage  wh  ch  fhall  from  thence  accrue  to  the  owners  of  fuch  houfes,  tenements  or  improve- 
ments, ihall  be  paid  to  the  owners  thereof  by  a  tax,  to  be  impofed  on  the  inhabitants  of  tliB  laid  town  in  manner 
herein  after  directed. 

V.  And  whereas  there  are  feveral  lots  which  were  laid  out  in  the  original  plan  of  Crofs  Creek  which  have  not  yet 
been  purchaled  of  the  original  proprietors,  and  others  which  have  been-  purchafed,  but  not  improved,  or  the  im- 
provements hitherto  made  of  inconfiderable  value  ;  and  as  it  may  be  for  the  advantage  of  the  faid  town  that  the 
ftreets  fhould  be  run  through  fuch  lots,  or  lands  adjoining  iu:hlots  ;  Be  it  therefore  enailed,  by  ike  authority  aforefaid, 
that  the  faid  commiffioners,  or  the  majority  of  them,  fhall  caufe  a  valuation  to  be  made  of  all  the  lots  or  lauds  through 
which  it  may  be  moil  proper  to  run  the  (aid  Itreeis,  or  fo  much  of  them  as  may  be  thereby  injured,  and  the  proprie- 
tors thereof  fhall  be  paid  accordingly  by  a  tax,  to  be  impofed  by  the  faid  commiflioners  upon  the  inhabitants  and  own. 
ers  of  houfes  or  lots  in  the  laid  town,  not  txceeding  the  fum  of  five  fhillings  in  each  year,  for  every  hundred  pounds 
fuch  inhabitant  or  ownerof  houfes  or  lets  fliall  be  sfleffed  for  their  property   in   that  part  of  the  town  calleii  Crofs 

X , 


?2 

Creek,  and  five  (hillings  en  ?.T1  taxable  perfnns,  inhabitants  of  faid  town,  who  are  rot  pofti (fed  of  n:  operty  of  onel  un- 
oired  pounds  value  ;  tobelcvied,  collected,  and  accounttd  for,  in  the  lame  manner  as  the  tastes- directed  Co  be  coli 
leiSed  for  levying  a  tax  by  general  aSejQnienr,  and  other  purpcles;  which  faid  tax  lo  collected  fhall  be  paid  into  the 
hands  of  the  conimiifioners,  or  a  majority  of  (hem,  and  by  them  fhall  be  applied  to  the  purpoie  before  mentioned. 

VI.  And  be  it  further  (nailed  by  the  authority  at  or  ef aid,  that  the  faid  valuation  mail  be  by  fix  freeholders,  three  of 
whom  lhall  be  of  the  laid  commiilioners,  the  other  three  fhall  be  nominaied  by  the  perfon  owning  the  lot  or  land 
which  is  the  ipbjecl  of  valuation.  Provided  always,  that  the  perfons  lo  nominated  by  the  proprietors  fhall  be  free- 
holders and  inhabitants  of  (he  town,  or  within  four  miles  thereof. 

VllI*.  And  be  it  fuitltr  cmMtd  by  ileu.il.uiiy  ojuejaid,  thai  the  intal  itants  of  faid  town  fljajl  be  exempt  from 
working  upon  the  public  reads,  bat  lhall  work  upon  the  llreets  of  faid  town,  Under  the  direction  oi  the  commiilioners, 
two  days  in  every  mown,  if  to  much  fhall  be  required,  and  no  more;  and  inch  perlons  fliall  be  compellable  to  work, 
as  would  have  been  obliged  to  have  worked  ontne  public  roads,  had  this  law  never  have  been  made,  and  fhall  be 
iubject.  10  the  fame  penalties,  and  to  be  recovered  in  the  fame  manner,  in  cafe  of  failure. 

IX-  X.  XI.  XII.  XIII.  XIV.  Obfokte. 

XV.  And  be  it  further  enr.Bed,  by  the  authority  nforefaid,  that  the  truftees  in  this  act  named,  or  the  majority  of  them, 
he,  and  are  hereby  impowcred  to  expole  to  fale,  firit  giving  twenty  days  notice,  the  lot  w  hereon  the  Court-houlenow 
ftar.ds,  and  alfo  the  let  whereon  the  gaol  formerly  ltood,  and  the  money  ariling  by  luch  lale  to  be  applied  towards 
building  the  Court- houfe. 

XVI.  And  whereas  the  owners  of  lots  in  that  part  of  the  town  of  Campbelton  laid  cut  by  act  of  AlTembly  in  the 
year  one  thouland  ieven  hundred  and  ftxty  two,  have  never  yet  got  titles  for  true  laid  lots,  owing  to  t!  e  i?eg.i<  &  of  she 
commiilioners  formerly  appointed  tor  that  purpofe  ;  Be  it  therefore  enueled  by  the  authority  afoieftud,  that  the  truftees 
an  this  act  named,  or  the  majority, of  them,  are  hereby  impo.vered  to  grant,  convey  and  acknowledge,  to  the  perfon 
cr  perlons  owning  the  fame,  and  his  heirs  and  alligns,  forever,  in  fee  iimple.  Provided  ahuays,  that  if  any  lot  or 
lots  fiiall  be  granted  by  the  laid  com  nifiioners  to  any  pcrlon  (■.•  perlons  whatloever,  who  (hall  not  within  live  sears 
build  a  good,  (libit  uxial,  habitable  framed  hou'e,  nut  of  leis  dimenfions  than  twenty  feci  in  length,  and  iixteen  kec 
vide,  exclusive  ot  (beds,  or  make  inch  preparation  for  fo  domg  as  tiie  commiilioners,  or  th.e  majority  of  tiiem,  (hill 
on  view  think  reafonable,  lurh  grant  or  convey  nice  (hall  be  void,  and  it  is  hertby  declared  void  and  of  nine  efteft,  as 
if  the  fame  had  never  been  made  ;  and  the  coinmifiioners  may  grant  and  convey  furh  lot  or  lots,  which  (iiall  not  be 
built  on  within  the  time,  and  in  the  manner  as  herein  before  directed,  to  any  other  perfon  or  perlons  applying  for 
the  lame,  and  paying  three  pounds  lor  the  ufe  of  the  original  proprietor. 

XVII.  And  be  it  further  enacted  by  the  authority  afore/aid,  that  no  hog  or  hogs  be  pern  itted  to  rnn  at  large  in  the 
faid  town,  but  that  filch  hog  or  hogs  found  running  at  large  at  the  expiration  of  three  months  after  ihe  palling  of  this 
act,  may  be  deftroyed  by  any  perfon  who  will  undertake  to  do  the  fame,  and  not  be  Jubje<  t  to  any  profecuiion  at  law 
whatever,  any  law  cr  tuftom  to  the  contrary  Dotwithlianding.      *mij numbered. 

Ill  Year  of  the  Independence.      The  19th  of'jinuary,    1779.      Third  cdikm. 


Chap.  XVII.  An  act  to  enable  the  inhabitants  of  a  tro.El  of  land  lying  in  Mecklenburg  county,  known  bv  the  name  of 

Governor  Dobfos'stracl,  No.  five,  to  make  entries  thereof,  and  obtain  titles  fur  the  fume. 
\.  TT7HEREAS  Abner  Najh,  Eiquire,  obtained  a  judgment  in  Halifax  (upexior  court  againft  Edward  JJrice  Dobbs 
VV  and  Conway Richard  Dobbs,  heirs  at  law  of  the  late  Arthur  Dobbs,  Elquire,  Governor  oji.North  Cart^in/Hf  for 
the  fum  of  three  thouland  live  hundred  pounds,  proclamation  money,  to  fatisfy  which  an  execution  iflued  from  the 
laid  court  April  Term,  one  thouland  (even  hundred  and  feventv  eight,  agiinit  the  efhite  of  the  faid  defendants,  di. 
reeled  to>he  flieriff  (if  Mecklenburg  county,  who  by  virtus  thereof  levied  tne  fame  on  a  ccitai;:  trad  of  land  in  the 
laid  county,  known  by  the  name  of  Governor  Dais's  tract,  No.  five,  formerly  containi:  g  cue  hundred  thoufand 
acres,  and  expo! "cd  the  tame  to  fale,  when  certain  of  the  inhabitants  thereof  replevied  the  J  aid  land,  a,- d  fatisfied 
Jaiddebt,  with  tic  colts  ;  and  whereas  by  an  act  ot  the  General  Affembly,  palled  Dicmher  the  ivientj  fourth  one 
thouland  feven  hundred  and  feventy  ieven,  all  properly  and  eftates  belonging  to  fuch  perlons  therein  deicribed,  who 
fail  to  comply  witli  the  requifites  thereof,  were,  and  are  !.  y  the  laid  act  confifcated  to  the  ufe  of  this  itaie  :  and 
•s  tie  inKabi::in-s  of' laid  land  have  prelerved  the  lame  for  the  uie  ot  the  ft  ate,  which  oihtrwile  would  hav^e 
been  private  properly,  it  is  jult  and  reaionable  '.hat  they  ihou'd  be  intitled  to  obtain  grants  thereof  in  Ice  trout  this 
iiaic. 

II.  Be  it  enabled  by  the  General  Affembly  r/"  North.Carolina,  by  and  with  the  authority  cf  the  fame,  that  all  fuchinha- 
bitams  who  have  aetua.iy  paid  money  to  laii;.fy  and  difcharge  faid  judgment  and  execution  as  aforef'aid,  lhall  have 
the  preference  of  all  ether  perlons  to  enter  faid  lands  on  which  are  their  HiVprovements,  and  cbiain  grants  for  the 
lame,  according  to  the  rules  and  directions  of  the  act  ot  Affembly  for  .iftablfJhing  i  ffices  for  receiving  entries  of  claims 
lor  lands,  6c  'provided  luch  cntiy  or  entries,  or  caveat  of  ihe  fame,  be  made  and  entered  with  the  entry  taker  of 
the  count)'  before  the  firlt  day  of  June,  c::e  thculand  (even  hundred  and  Ceveniy  nine. 
Ill  .  And  be  it  further  tniSed,  tytki  aulhritj  .<ut/t;dt  jb.atno  entry  oi  laid  lai.d  fhall  extend  te  inclcde  anj  other 


*5 

Improvement  fhatithit  f>r  which  the  entry  \va«  made,  and  which  was  in  prfTblTion  of,  or  claimed  br  aroiherperfon, 
before  the  firlt  day  of  _/  ;.  .  i    i.i'and  Ic.-en  hundred  and  feventy  eight  ;  and  where  difputei   fhall    arife  be. 

tween  pactyaod  party  ivith  irega    i       t   e  right  of  improvement,  occupancy  or.  boundary,  the  fame  proceedings   and 
trial  thereof  (hall  be  bad,  as-Jij  the  I  i  d  aft  and  this  is  directed. 

IV.  Andbe  itfurthei  eaaijed,  by  the  authority  aforefaid,  that  fuch  perfons  entering  fa'd  lands,  who  have  not  con- 
tributed their  (hare  of  money  in"  fdtisfying  the  /aid  judgment  and  execution,  (hall  advance  io  the  entry  taker  tv.tlve 
pounds  ten  fhiliings  for  every  huudred  acres  by  them  Jo  to  be  taken  up  and  entered  ;  to  be  applied  to  the  tile  of  the 
flare,  and  accounted  for  by  faid  en' ry  taker  as  in  faiJ  act  directed. 

V.  Rraiidedi  tint  no  perfon  or  peril  ->ns  fhall  be  intitled  to  enter  any  uf the  aforefaid  hnds,  but  thole  who  now 
are  the  inhabitants  of,  and  living  on  the  faid  traft.  Provided  ahToi  that  no  or.e  perfori  fhall  be  intitled  to  enter  for, 
and  obtain  a  i^r-nt  lor  more  tha.;  fix  hundred  and  forty  acres. 


Chap.  XXV.  An  ail  for  /.;.<.=  regulation  of  the  town  o/Nsw^ern,  and  for  other  purpo/'es  therein  mentioned. 
I.  TT  .'HiSREAS  it  is  become  necslliiry  ihai  fundry  lawspafied  before  the  declaration  if  independency,  for  fettlin<r 
\  V  and  legislating  the.town  of  Nexbern,     from  the  change  of  government,  ihouid  bi  amended  and  continued  ; 

II.  Be  it  therefore  enacted,  by  the  General  AffemUy  fifths  State ^Nortft.GaroIhla,  and  it  is  he-eby  entitled  bv  the 
authority  ofthefame,  that  an  aft  of  Affembjy,  paffed  at  Eden'on  the  twenty  third  of  November,  one  thouiand  leven 
hundred  and  twenty  three,  intituled,  An  ail  for  the  I  eiter  fettling  the  town  e/"Newbern,  in  the preihicl  of  Craven*, 
and  that  the  twelfth  and  thirteenth  Sections  oi  an  act  of  Aflembly,  pafied  at  Edtnton  the  twenty  rirft  day  of  Aucffy 
cue  thonfand  levei  hundred  and  forty,  intitled,  f  An.  a£l  tq enable i the  ewntriiffioners  herein  after  mentioned,  to  ereil 
andfitiifba  church  in  Newbern,  f'p.Craven  court)/  and'p{?rijb,  in  the  province  aforefaid,  and  for  the  better  regulation  of  the 

faid  town,  and  other  purpofes  therein mentioned^ ,  and  that  an  act  of  Affembly,  paffed  at  Nevtbern  the  twenty   feventh 

of  September,  one  thouiand  leven  hundred  and  fifiy  one,  intituled,   An  act  to  cohfiimfour  lots  in  Js'ewbern  ttvjn,  /ate* 

.    ed  t-j  the  comtriff.o^erj  j  or  public  binld'ngs,  for  the  uje  of  tie  public  for  ever] ,  and  alio  the  Ijxth,  feventh,  eighth, 

ninth,   tenth,  eleventh,   eighteenth,  and  n  m.  let-nih  iectiens  of  an  .ft  of /sflembly,  paffed  at  Ntykern   the  thirtieth 

day  of  September ,  one  iholifaud  feyeri  hundred  ar.d  fifiy  fix,   intituled,  An  ail  for  the  bitter  regulation  of  tie  town   of 

Newbern,  and  forfecUring  tne  titles  ofperjoni  ixiffi  I  eld  lots  in  theft  idl'.wn. , ;  1  d  jlib  one  oil  er  t-ftof  Af  en  bly,  palled  at 

n  tite  nineteenth  day  of  November,    o.  e  thouiand  leven  hundred  and  ieventy  one,  intituled,  An  acl  for  amend- 

;*'.•</  an  ail,  for  the  better  regulation  of  the  town  of 'Newbern,  and  for  fe  curing  the  titles  of  perfons  who  hold  lots  in  the  faid 

1  be,  and  are  hereby  confirmed,  and  continued  in  force  and  ule,  and  thall  be  received  as  evidence    in    any 

court  of law   or  equity    where  i'uits  may  be   hereafter  commenced    for  recovery  of  any  lot  or  lets    within   the    faid 

town,   where  the  titlea  of  fuel]  lots  may  come  in  q:iei'tion,  by  any  p erion  or  perfons   having  a   legal   claim,     and  in- 

ftfri      ig    his,   her,  or  their  luit  for  recovery  thereof. 

III.  And  be  it  further  enailed,  by  the  authority  aforefaid,  that  the  books  in  which  the  proceedings  of  the  comnilffion- 
ers  were  entered,  by  themfelires,  or  their  clerk  of  the  town,  refpe&ing  the  elections  of  commiflionc rs,  laying  taxes, 
granting  and  conveying  lots,  entries  of  lots,  certificates  granted,  certifying  that  the  lame  lo  s  had  been  built  on  as 
the  law  required,  and  expiefled  in  their  commiffioners  deed,  and  alio  the  book  of  entries  in  which  the  firfc  entries 
were  tiiade  by  the  trealurer  of  ihe  town,  for  all  lots  to  be  granted,  tharthe  laid  book's,  aid  all  ire  legal  proceedings 
and  acts  of  the  cbramiifiuners  therein  entered,  agreably  to  ihe  afts  of  AlfembTy  above  recited,  ihjil  be,  and  are  here- 
by confiimed,  and  Shall  be  received  as  evidence  in  any  court  of  law  or  equity,  where  the  li.ies  of  lets  may  come  in 
quetricn. 

IV.  And' be  it  further  enailed,  by  the\  authority  aforefaid,  that  it  fhall  and  maybe  lawful  for  the  freeholders  and 
freemen"  within  the  town  of  Atwbern  to  meet  at  the  court-houfe  in  the  laid  town  on  the  fecond  Tuefday  in  AJay  next, 
and  there  to  elect  by  ballot  five  freeholders  of  ti.e  faid  town  to  be  commiilioners  of  the. fame  ;  and  the  fheriffof  Cra- 
zen  county  or  his  deputy,  is  hereby  required  to  tttend  on  the  fame  da/,  at  the  hour  of  ten  o'clock  in  the  morning, 
open  the  poll,  and  be  provided  with  a  fmall  b:>x,  irio  which  the  tickets  fhall  be  put,  in  the  pretence  o'Ptwo  m'peftors 
and  the  returning  officer,  and  each  infpeftor,  fhull  take  down  in  feparatc  litis  the  names  of  every  perfou  voting,  arid 
when  the  eleftion  fhall'be  finiffced,  tht?  returning  officer. aud  infpeftors  fhall,  in  prelence  of  fuch  of  th'e  eleft'ors  as 
may  choofe  to  attend,  open  the  box,  and  number  the  ballots,  at  the  fame  time  reading  aloud  the  name:;  of  the  per- 
Ions  w  ho  fhall  appear  in  eaeh  ticket  ;  and  if  there  fhall  be  two  tickets  rolled  up  together,  or  if  any  ticket  fhall  com  tin 
the  names  of  more  than  fhe  peiien;,  in  either  of  thefe cafes,  it  (hall  not  be  numbered  in  taking  the  bal'ots^  but  (ha  1 
be  aeijuilged  void  ;  ai.d  in  like  manner.the  laid  fheriif,  orhisdepuiy,  firft  giving  ten  days  notice,  fliail  on  the  fe-' 
con.d  Tuefday  in  May  annually  open  the  pell,  receive  the  votes,  and  proclaim  the  commiilioners  for  the  enfuing  year, 
under  the  penalty  of  one  hundred  pounds  laY/ful  money  of  this  (late  for  every  negit  ft  or  refufal  of  comphing  with 
the  direftions  of  t]i  s  aft  ;  to  be  recovered  from  the  laid  flier  11  b;  action  cf  ehb-,  bill,  plaint  or  information,  in  any 
court  of  record  in  in  s  itte,  by  any  peVlon  or  'p'eribns  who  lhall  ice  fcr  the  lame  in  one  year  a.rter  fuch  neglt  ft  or 
refufal,  one  half  to  the  profecutor;  the  ether  half  to  be  paid  o  the  treafurer.  of  the  town  for  the.ufe  of  ihe  laid 
town,  Co  be  applied  by^fhe  cotnniiliionefs  towards  .  ...  charges  of  the  town  ;  and  the  conMniinoners  fo 
c  he  fen  gna  flefted,  and  their  names  being  entered'dn.  the  journal;  of  the  faid  towir,  Hall,  before  thej  enter  upon  the 
execution  of  their  office,  take  ihe  oath  of  alle^jance  to  the  (rate  befoi  e  f  me  Jufticel  of  the  Peace,  and  alio  the  following 
oath,  viz.                                                                          *p.  4.  '\p.  7.   $N%  C.  L.   17^1-  8.  p.   147.  §p,  23,  y.  63. 


1A.  B.  do /wear,  that  I  wilt execute  the  offire  of 'a  comnriffloner  for  the  town  «f  Newbern  faithfully,  ana 'to  the  utmoft 
of  my  power  in  all  things  acl  for  the  good  of  the  faid  town,  ana  the  well  governing  thereof ,  to  the  heft   of  my   /hill  and" 
judgment,  agreeable -to  la w.  SO  HELP  ME  GOD. 

"Which  laid  commiffioners,  after  thev  have  been  fo  Jworn,  fhall  proceed  tochoofe  one  out  of  their  own  number  to  be 
trealurer  of  the  (aid  town  for  that  year,  into  whole  hands  all  monies  ariiiug  orbscp  riitig  due  to  the  Paid  t  iwo  /hall  be 
paid,  and  mere  kept  until  otherwife  diipofe.d  of  for  the  benefit  and  improvement  of  the  laid  tojvn,  as  t,  e  faid  com- 
miffioners, or  a  majority  of  them,  (hall  direct, 

V.  And  he  it  further  enacted,  by  the  authority  aforefaid^  that  the  faid  treafurer,  before  he  enters  upon  the  execution 
•f  his  laid  office,  fhall  take  the  oath  oi  allegiance  to  the  Jlate  before  fome  Juftice  of  the  Peace,  and  Ihull  give  bond, 
with  two  fufficient  fecurjtief,  tin  the  fum  of  one  thoul'and  pounds  lawful  money  of  the  Hate  aforefaid,  to  the  commif- 
fioners  of  the  laid  town,  and  "their  fucceilbri  lor  the  faithful  difcharge  of  his  office,  and  account:;^  for  and  paying 
all  monies  which  may  come  into  his  hands,  when  called  upon  by  the  fucceeding  trealurer  or  corxMirilkmers  ;  which 
topnd  the  faid  commiffioners  are  hereby  authorised  and  impowered    o  take. 

VI.  And  he  it  further  enacted,  by  the  authority  aforefaid,  that  the  commiffioners  of  the  faid  town  fhall  choofe  and 
appoint  a  proper  perion  to  he  their  clerk  of  the  faid  town,  to  ..act  as  luch  during  good  beriaviour,  who  before  he  en- 
ters upon  the  execution  ot  his  office,  lhall  take  the  oath  of  allegiance  to  the  ftatr,  and  enter  into.bond  to  the  commif- 
fioners of  the  laid  town,  and  their  lucceflprs,  with  t-vo  fufhcient  fecur.iti.es,  in  the  him  or  five  hundred  pounds  lawful 
money  of  this  ftate,  for  (he  due  and  faithful  execution. of  his  office,  and  the  trufl  repol'ed  in  him  for  the  fafe  keeping 
of  the  books  and  papers  put  into  his  care,  and  keeping  a  regular  and  fair  journal  of  the  proceedings  of  the  commillioti- 
■crs  during  his  continuance  in  thefaid  office  ;  and  the  faid  clerk  is  hereby  authorized  and  required  to  demand  and  re- 
ceive from  the  perfon  or  perfons  in  whole  hands  the  fame  may  be,  all  the  boaks,  journals  and  papers,  belonging  to 
the  faid  town,  which  were  in  tne  care  and  polTeflion  of  the  former  commiffioners  ;  to  which  books,  journals  ai)d  pa. 
pers,  all  perlons  lhall  have  free  accefs,  on  paying  two  iliillings,  under  tne  penalty  of  forty  fhillings  for  every  refu- 
fal. 

VII.  And  be  It  further  matt ed,  by  the  authority  aforefaid,  that,  if  any  of  the  faid' comrriffioners,  before  the  next 
annual  election,  ffiould  die,  remove  out  of  the  county,  or  retul'e  to  qualify,  the  remaining  commilfioners  fliall  elcJl 
and  choofe  others  in  the  rpom  and  ftead  of  thofe  dying,  removing,  or  refu fing  to  qualify,  as  aforefaid  ;  which  laid 
commiffioners  fo  chofen  and  qualifying,  by  taking  the  oaths  as  aforefaid,  fhall  haYe  the  iams  powers  as  the  other 
coBirniffioners  have  by  this  aft. 

VIII.  And  for  the  better  determining  who  fhall  be  .qualified  to  be  elected  as  a  commiffiener  ot  the  town-,  Be  it  e;t~ 
ailed,  that  no  perfon  lhall  be  deemed  qualified  to  act  as  a  commiffioner  of  the  town  of  Newbern,  unlefs  he  hath  a   lot    . 
of  land  therein,   with  a  houi'e  on  the  lame,  of  nolefs  dimenlions  than  twenty  four  feet  long  and  fixteen  wide,  with  a 
brick  chimney  to  the  fame,  in  his  own  right  in  lee,  and  who  fhall  have  bdidc  a  vilible  eftale  of  at  leaft  one  hundred; 
pounds  lawful  money. 

JX.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commiffioners  and  inhabitants  fhall  have-  free  li. 
berty  to  hold  all  their  public  meetings,  on  all  occafions,  in  the  court  houfe  of  the  faid  town  ;  and  that  fr.otn  and  af- 
ter the  paffing  of  this  ad,  it  (hull  and  may  be  lawful  lor  the  commilfioners  of  Newbern,  or  a  majority  of  them,  to 
meet  at  the  court-houfe  aforefaid  feme  time  in  the  month  of  May  or  June  annually,  and  when  met  lhall  proceed  to. 
nominate  and  appoint  one  of  their  number  to  receive  a  liU  of  taxable  property  for  the  year  enfuing,  and  give  public- 
notice  thereof,  by  advertifement,  to  the  inhabitants  of  the  laid  town,  to  appear  before  Inch  commillioner  fo  appoint- 
ed, and  give  in  upon  oath  a  lift  of  his,  her,  or  their  taxable  property,  which  they  maj  own  or  pc  fiefs  in  their  own  light, 
or  as  an  executor,  admmiftrator,  guardian,  &c.  in  the  faid  town,  which  oath  the  laid  commillioner  is  hereby  atitho. 
rized  and  impowered  to  adminifter  ;  .withe  perfon  or  perfons  who  fliall  neglect  or  refufe  to  give  in  his,  her,  or  their 
lilt,  in  manner  and  form  aforefaid,  \\  itliin  twenty  days  after  rotice  given  as  aforefaid,  lhall  forfeit  and  pay  the  fun; 
of  forty  lh.llir.o3  for  each  and  every  neglect,  and  alfo  fhall  be  liable  to  pay  a  doub'e  tax  for  that  year  ,  and  the  com, 
miffioner  fo  appointed  to  receive  the  Jill,  of  taxable  property,  is  hereby  required  to  return  the  laid  lift  by  lvra  taken 
to  the,  commilfioners,  or  the  treafurer  of  the  town,  without  delay  ;  and  the  commilfioners  are  alfo  required,  as  foon 
as  convenient,  to  let  up  a  copy  of  fucb  lids  at  the  court-houle  in  the  faid  town  every  year,  and  that  the  clerk  of  the 
laid  town  fhall  enter  a  fair  copy  thereof  in  the  journals  of  the  commiffioners,  under  the  penalry  of  fifty  pounds  for  e- 
▼ery  neglept  or. refujal  ;  to  be  recovered  by  action  of  debt,  in  the  inferior  court  of  Craven  county,  by  any  perfon 
■who  will1  bring  fuit  for  the  fame,  one  half  to  the  proletutor,,  and  the  other  to  the  comiwiffioners,  for  the  ufe  of  the 
town. 

X.  And  be  it  farther  enacled,  by  the  authority  aforefaid,  that  if  the  commiffioners  of  the  faid  town  (hall  neglect  cr  real 
fufe  to  nominate  and  appoint  annually  one  of  their  number,  agreeable  to  the  directions  of  this  act,  to  take  the  faid  lift 
of  taxable  property  as  aforefaid,  they  fhall  foifeit  and  pay  he  Cum  of  fifty  pounds  lawful  money  ;  to  be  recovered  by 
action  of  t'ebt,  in  the  alienor  court  of  Crivtn  county,  by  any  p' ribn  who  will  bring  fuit  for  the  fame,  one 
half  to  ihe  profecutor,  and  the  other  half  to  the  ule  of  the  town  ;  and.the  con>miflioner»  of  the  faid  town,  or  a  ma- 
jority of  tnem.  are  hereby  authorized  and  impowered,  fbrnerime  in  the  month  of  Jtrly  annually,  to  lay  any  tax,  not 
exceeding  four  (hillings,  on  each  hundred  pouods  value  of  all  the  taxable  property  in  the  laid  town,  for  the  purpofe 
of  defraying  the  contingent  charges  ihsreot  ;  and  the 'aid  commilfioners,  or  a"  majority  of  them,  are  alfo  impowered 
«nd  requirtjj,  foni£  thus  iu  the  mouth  ol  Jul/  annually,  to  appoint  three  freholders  of  die  laid  town  to  alTefs  the  value 


31 

of  the  taxable  property  therein  ;  which  afTeflbrs  are  hereby  required  to  SfleYs  the  (time  :n  the  manner,  nnd  under  the 
rules  and'reftrict-ots  a^  d  refted  in  an  act  of  Aflembly  Tor  affelftng  taxable  propert)',  and  collecting  public  raxes,  &■•'" 

XL'  J,id  be  it  furt.:-jr  enicled,  by  the  authority <  afoi  cj "aid,  that  the  commiflioners,  or  a  majority  of  them,  ihall  annu- 
ally, at  the  time  of  laying  toe  town  taxes,  nominate  and  appoint  a  proper  period  to  collect  the  farhe,  to  whom  thalj 
be  delivered  a  fair  copy  ot  the  liit  -if  taxable  property*  and  alielTment  taken  for  that  year,  agreeably  to  this  aft-  and 
the  period  io  appointed,  before  he  enters  upon  the  execution  of  his  office,  ihall  beiore  fonie  Judice  of  the  Peace  in 
' Craven  county,  take  the  oath  of  allegiance  to  the  fhte,  ar.d  enter  into  bond,  with  fuSicient  lecuiiiy,  in  the  fura  of 
fiv;  hundred  pounds  lawful  moiey  ot  this  ft.te,  to  the  couimiiiioncrs  of  the  town,  and  their  fuccefibrs  ;  and  in  cafe 
the  perfbo  io  app  >i  red  Ihall  ret'ufe  to  ferve,  or  fail  to  give  fecurity  asaforefaid,  the  laid  commiflioners  lhall  and  may 
proceed  to-  no  .mate  and  appoint  any  other  perfon  who  may  lie  willing  to  aft,  and  enter  into  bond  with  fecurity  in 
manner  asaforefaid  ;  and  the  collector  (o  appointed  Ihall,  and  is  hereby  impowered,  directed  and  required,  to  col- 
lect the  Lid.  taxes,  and  pay  the  fame  to  the  treafurer  of  the  laid  town,  on  er  before  the  tenth  day  of  GRober  in  every 
year,  alter  dedufting  four  per  centum  commdfions  for  his  trouble  in  making  the  laid  collection  •  and  if  any  fuch  col- 
lector ihall  neglect  or  refuie  to  account  for  on  03th,  and  pay  the  feveral  taxes  wherewith  he  is  chargeable  according 
to  the  directions  of  this  act,  after  deducting  his  commiihons,  it  fhall  and  may  be  lawful  for  the  fuperior  court  of  New',' 
bein  diftrift,  or  the  inferior  court  of  Craven  county,  on  motion  of  the  commillioners,  or  the  majority  of  them,  or  on 
motion  of  the  treafurer  of  the  town  on  their  behalt,  to  give  judgment  againft  fuch  collector  and  hi?  fectirities  for  all 
niortffis  wherewith  he  fhall  or  may  be  chargeable  to  the  town,  «  ith  cofts  of  fuit,  and  thereupon  to  award  execuron 
againft  the  body,  or  againft  the  goods  and  chattels,  lands  and  tenements,  of  fuch  collector,  and  his  fecurities.  Provided 
always,  that  the  collector  Ihall  have  ten  days  previous  notice  of  iuch  motion. 

X1L  Andbeii  furthtr  enacled,  by  the  authority  aforefuid,  that  if  the  inhabitants  of  the  laid  town,  or  others,  being 
liable  by  this  act,  fhall  neglect  or  refute  to  pay  the  faid  tax  on  or  before  the  tenth  day  of  September  in  every  ye*r,  it 
lhall  and  may  be  lawful  for  the  collector  to  levy  the  fame  by  diftrefs  and  fale  of  the  offenders  goods  and  chattels,  and 
fliall  take  and  receive  for  his  trouble  thirty  millings  for  each  diiire's,  and  no  more  ;  and  after  deducting  the  taxes 
due,  'and  fee  for  diftrefs,   the  overplus  of  the  goods  and  chattels  fold  fhall  be  returned  to  the  owner. 

XI II.  dndbe  it  further  enaftrd,  by  the  authority  afore/aid,  that  the  commiflioners  of  the  town  fo  chofen,  and  being 
qualified  agreeable  to  the  directions  of  this  aft,  ihall  be,  and  are  hereby  incorporated  into  a  body  politic  and  coipprate, 
by  the  name  of  the  com  million  ers  of  Newbern,  and  by  that  name  io  have  annual  fucceflion,  by  the  eleftion  of  the  free- 
holders and  freemen  of  the  faid  town,  as  by  this  aft  is  before  directed,  and  a  common  feal ;  and  that  they,  and  their - 
iucceflbrs,  by  the  name  aforefaid,  lhall  be  able  and  capable  in  law  to  have,  purchafe,  receive,  enjoy,  poffe  s  ar.d  re- 
tain, to  then  and  their  fucceflors,  for  ever,  in  trult  and  confidence  for  the  laid  town,  any  lands,  rents,  tenements 
and  hereditaments,  of  what  kind,  nature,  or  quality  foever  ;  and  alfo  to  grant,  fell,  e'emife,  alien,  ,<  r  difpofe  of  the 
f-me,  alio  to  receive  and  take  any  gifts  or  don  uions  whatfover  to  the  faid  town  ;  and  by  the  fairJ  i  ame  to  fue  and 
implead,  be  iued  ar.d  impleaded,  anlwer  and  be  anfwered,  in   all  courts  of  record  whatsoever  ;  ai.d  from   time  to 

time,  and  at  all  times  hereafter,  under  their  common  feal,  to  make  fuch  rules,  orders,  reVukti      .   ;  ii  ces, 

as  io  them  fhall  feein  meet,  for  repairing  the  ftreets,  erecting  public  wharfs,  appointing  ma>ker  ,  laces,  a  d  r  ba- 
ting the  fame,  erecting  public  pumps,  and  keeping  >n  repair  thofe  already  erected,  appointing  taiju,  ward  e»  o/pa> 
trols,  and  making  proper  allowances  for  fuch  fervices,  and  for  all  fuch  other  neceflary  or-dtrrances,  rules'  and  orJers, 
which  may  tend  to  the  advantage,  improvement,  and  good  government  of  the  faid  town  j  and  ere  fame  rules,  regu- 
lations and  ordinances,  from  time  to  time  to  alter,  change,  amend  or  difcontinue,  as  to  the  faid  c  -nmifl; oners,  or  a 
majority  of  them,  fhall  appear  necefiary,  and  belt  anlwer  the  purpofes  intended  for  regulating  and  governing  the 
faid  town  ;  and  alfo  ihall  have  full  and  ample  power  to  force  a  compliance  and  obfervanceto  fuch  neceflary  regulati- 
ons* by  laying  fines  and  penalties  on  thofe  who  fhall  refufe  or  neglect  to  conform  to  fuch  rules  and  regulations,  not ' 
exceeding  the  fum  of  five  pounds  current  money  for  every  refufal  or  neglect  ;  to  be  recovered  by  warrant  under  the 
hand  and  ftal  of  iome  Juftice  of  the  Peace  of  the  county  of  Craven,  directed  to  the  fherifF,  deputy  fheriff,  or  town 
conltable,  to  fummon  Iuch  delinquent  to  appear  before  fuch  Juftice  at  a  certain  day  mentioned  in  the  faid  warrant, 
and  on  conviction,,  the  laid  Juftice  is  hereby  required  to  give  judgment  and  award  execution,  which  the  faid  officer  is 
hereby  required  to  execute,  by  diftrefs  and  fale  of  the  offenders  goods  and  chattels ;  which  fine  when  levied  and  re- 
ceived, Ihall  be  paid  into  the  hands  of  the  treafurer  of  the  town,  who  is  to  receive  the  fame  as  part  of  the  common 
ftock  of  the  town,  and  by  him  to  be  accounted  for  ;  and  the  commillioners,  cr  a  majority  of  them,  are  hereby  in- 
vented with  full  power  and  authority  to  lay  out  and  appropriate  all  monies  which  (hall  be  paid  into  the  treafury  of  the 
laid  town  by  virtue  of  this  aft,  as  they  ihall  think  molt  for  the  good  of  the  faid  town.. 

XIV.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  commiflioners  fhall  provide  a  book,  in  which 
an  account  fhall  be  kept  of  all  monies  by  them  received  and  expended,  and  once  in  every  year  a  tranfeript  therefrom 
fhall  be  by  the  commiflioners  made  out,  and  let  up  in  the  court  houf'e,  for  the  iatisfaction  of  the  inhabitants  of  the 
faid  town,  under  the  penalty  of  twenty  pounds  lawful  money  of  this  (tate  for  every  negleft  or  refufal  ;  to  be  reco- 
vered in  the  inferior  court  of  Craven  county,  by  any  perfon  who  fhall  fue  for  the  fame,  by  action  of  debt,  bill,  plaint, 
or  information,  one  half  to  bim  or  them  who  fhall  fue  for  the  fame,  the  other  to  the  benefit  of  the  town,  to  be  paid] 
to  the  treafurer  thereof. 

XV.  Whejreas  at  an  AlFembly,  begun  and  held  at  Netvbem  the  nineteenth  day  of  Nivembcr,  one  thoufand  leyenj 


86 

hundred  and  leventy  one,  an  act  was  parted,  intitled,  an  atlhr  amending  an  acl,  intituled,  An  ail  for  the  better  rA 
gulathn  of  the  town  »/ Newbern,  and for  fecuring  the  titles  of 'per fons  -who  boldlots  In  the  faid  town*,  which  faid  re- 
cited act  directed  and  required  the  commiflioners  of  the  town  ot  Newbern  to  lay  out  a  ftreet  in  the  faid  town  from  the 
north  fide  of  Pollock  ftreet,  at  right  angles  with  the  eaft  and  welt  corners  of  the  north  front  of  the  Palace  to  the 
bounds  ot  the  town,  which  ftreet  fo  laid  out  /hall  be  called  and  known  by  the  name  of  George-ftreet,  and  that  the 
ftreet  called  Eden-ftreet,  from  Pollock- ftree:  northward,  be  thenceforth  difcontinued  ;  and  that  the  faid  commiffion- 
Ci  s,  after  having  fo  laid  out  the  faid  George  ftreet,  and  fet  up  marks  at  the  corners  of  the  feveral  fquares  in  the  faid 
town,  fhall  make,  or  caufe  to  be  made,  a  fair  and  accurate  plan  of  the  faid  town.  And  whereas  the  commi  Hi  oners 
did  proceed  in  v'nue  of  the  laid  act  of  Aflembly  to  lay  out  the  laid  ftreet  called  George-ftreet,  and  have  alio  made  a  fair 
and  accurate  plan  of  the  faid  town,  with  proper  defcriptions,  and  fee  up  marks  at  the  corners  of  the  feveral  fquares, 
as  the  above  recited  aft  directs,  which  plan,  and  one  copy  thereof  made  on  parchment,  have  been  laid  before  this 
prefent  Allembly  :  for  confirmation  thereof,  Be  it  enaclcd,  by  the  authority  aforefaid,  that  the  faid  plan  fhall  ever  here- 
after be  deemed  the  true  plan  of  the  laid  towu,  and  fhall  be  lodged  in  the  regifters  effice  of  the  county  of  Craven,  and 
one  copy  thereof  lodged  with  the  clerk  of  the  laid  town,  by  him  to  be  fafe  kept,  and  that  all  perfons  may  have  free 
accefs  thereto  on  paying  of  two  (hillings  for  eachinlpection  ;  and  it  the  faidclerk  fliould  refufe  or  neglect  to  Ihew  the 
laid  plan  to  fuch  perlons  as  fhall  r^qnire  the  lame,  on  paying  the  fee  aforefaid,  he  Ihall  for  every  fuch  refufal  or  neg- 
lect forfeit  and  pay  the  fum  of  torty  (hillings,  to  be  recovered  Dy  the  party  requiring  the  fame,  by  a  warrant  before  a- 
ny  Juftice  of  the  Peace  with  cofts. 

XVI.  And  in  order  to  alccrtain  the  true  beginning,  be  it  further  ena  tied,  that  the  fouth  weft  corner  of  the  church, 
lot  number  fixty- fix,  where  ftands  a  ftone  fixed  in  the  ground,  lo  as  to  make  the  courie  from  the  corner  of  the  church 
above  the  water-table  ot  the  fame  to  bear  loutii  iixtytwo  degrees  weft,  twenty-eight  feet  nine  inches,  to  the  faid 
ftone,  which  fhall  for  ever  hereafter  be  deemed  the  proper  beginning  of  the  plan  ot  the  faid  town. 

XVII.  And  be  it  further  eaacled,  by  the  authority  afirefaid,  that  in  cafe  any  part  of  the  honlcs,  fences,  or  other 
impr  jveme.its,  belonging  to  any  of  the  inhabitants  of  the  faid  town,  fhall  appear  to  be  in  the  ftreets  of  the  faid  town, 
or  any  part  of  the  lots  of  other  inhabitants  thereof,  occafioned  by  running  the  ftreets  agreeable  to  the  aforefaid  plan  ; 
then,  and  in  thit  cale,  the  proper  owner  of  any  ,'uch  houfes,  fences,  or  other  improvements,  fhall  and  may  have  his 
option,  cither  to  remove  fuch  improvements,  or  to  u,e,  cccupy,  or  poffefs  the  fame,  as  heretofore.  Provided,  all 
1  jch  owners  fhall  not  amend  or  repair  fuel)  fci:ces,  ai.y  tlJng  in  this  att  to  the  contrary  nctwithltanding. 

XVIII.  And  whereas  by  an  act  of  AfL-mbly ,  pafled  at  Ne-whern  the  fift'iday  of  December,  one  thoufand  feven  hun- 
dred and  fixty  feven,  intituled.  An  as?  for  invelting  certain  lots  in  the  town  of  Newbern  in  his  Excellency  the  Govern" 
or,  and  his  fucce  firs  f ,  in  the  lifth  fection  of  the  laid  r.-cited  act  itappears  that  part  of  the  Fro«Mtreet,  from  Me  t  calf  lo 
Eden-Hreei,  being  the  fouth  front  of  the  Palace,  wns  then  veiled  in  the  Governor,  which  has  been  prejudicial  lo 
many  of  the  inhabitants  of  the  town,  by  means  of  that  part  of  the  ftreet  being  flopped,  which  cbftruction  has  been 
much  complained  of,  for  remedy  whereof,  be  it  enabled,  by  the  authority  aforefaid,  that  it  fhall  and  may  be  lawful  for 
the  comsiiffioners  of  the  town,  or  a  majority  of  them,  to  caufe  that  part  of  front  ftreet,  which  by  the  laid  recited  act 
was  velted  in  the  Governor,  to  be  again  opened  for  the  benelit  of  the  public,  in  the  fame  manner  as  any  other  ftreet 
of  the  town,  any  law  to  the  contrary  notwithstanding  ;  and  that  fo  much  of  the  faid  recited  act  as  conies  within  the 
purview  of  this  act,  is  hereby  repealed  and  made  void.  Provided  always,  the  moving  the  fence  from  the  fouth  fide 
of  the  ftreet  to  the  north-fide,  on  the  bounds  of  the  Palace  fquare,  fhall  be  done  at  the  proper  colt  and  charges  of 
the  town  by  the  commiflioners. 

XIX.  And  be  it  further  enatled,  by  the  authority  aforefaid,  that  all  that  part  of  the  front  of  the  town  of  Newbern  a- 
forefaid,  commonly  called  Union  Point  front,  beginning  at  the  angle  made  by  the  interferon  of  the  fouth  fide  of 
Front  ftreet  of  Trent  river,  and  the  eaft  fide  of  Front  ftreet  of  Neufe  river,  running  with  Front  ftreet  eafterly  to  the 
channel  of  Neufe  river,  then  down  Neufe  river  channel  to  the  mouth  of  Trent  river  channel,  then  with  Trent  river 
channel  to  the  eaftermoft  fide  ot  Front  ftreet,  then  with  faid  ftreet  to  the  beginning,  fhall  be;  and  is  hereby  vetted  in 
the  commiflioners  of  the  laid  town  of  Newbern  to  be  elected  in  virtue  ot  this  act  and  their  fucceflbrs,  for  ever,  to  and 
fortheufe  of  the  faid  town  ;  and  that  the  faid  commiflioners,  or  their  fucceflbis,  forever,  fhall  and  may  take  and  re- 
ccive  the  rents,  iflues,  and  profits  of  the  fame,  for  the  ufe  of  the  laid  town,  and  to  and  for  no  other  ufe,  intent  or 
purpofe,  wharioever.     *p.  63.  fA7.  C,  L.  17&J,  41  p,  231. 

Chap.  XXVI.   An  ail  to  lay  off  and  eft ablifh  a  town  near  Chatham  curt  houje  on  the  plantation  and  land  formerly  the 

property  of  Atnbiofe  Ed.vards,  no:u  entered  in  the,  land  office  by  Ambrofe  George,  in  laid county. 
I.  YT7HEr\EAS  reprelentation  hath  been  made  to  the  G.-neral  Aff  mbk,  that  the  inhabitants  of  Chatham  county 
VV  are  very  defirous  of  haying  a  town  laid  oft' and  eflaolnhed  on  the  laid  plantation  and  land,  being  a  healthy, 
pleafant  fituatiori  and  well  watered,  which  from  the  many  neighbouring  inhibitants  and  rich  and  extenhve  )■ 
ments  would  be  a  yer  proper  and  convenient  place  for  that  purpofe,  was  tne  fame  eftablilhed  by  lawful  authority, 
which  would  encourage  me  ch  ims,  traders  and  amficers  to  become  I etUers therein,  and  1  hereby  would  greatly  pro- 
mo'e  an  inland  trade,   greatly  to  the  benefit  of  the  western  inllab  tant;  of  tins  date. 

II.  B   it  therefore  en  icled  bv  tbi  General  iffanhiy  of  the    t.ite  '/Noit'i  Carolina,  and  it  is  hereby  enaclid  by  the  au. 
tbiritjqfthefarne,  that  iwo  hundred  atres  o,  W  laid lanu  including  the  plauutiun  alc-ielaid,  be  laid  out  for  a  towa 


87 
and  town  common,  and  be  efhblifhed  by  the  name  of  Chatham,  and  that  Jeduthan  Harper,-  Edmund Waddel,  Mat' hit 
Jones,  Mial  Scurlock,  James  Willi  ami,  and  John  Ramfay,  from  and  after  the  palling  of  this  aft,  be,  and' are  hereby 
appointed  and  conllituted  commiifioners  and  truftees  for  laying  out,  building  and  carrying  on  the  faid  town  and  thev 
or  a  majority  of  them  fhall,  io  foon  as  may  be  alter  the  puffing  of  this  act,  caufe  the  laid  two  hundred  acres  of  land 
to  be  laid  oft  mto  two  hundred  lots  of  halt  an  acre  each  with  convenient  ftreets,  and  the  remainder  to  be  reterved  as 
a  town  common  for  the  ufe  of  the  faidtown,  and  that  a  majority  of  the  laid  commilliuners  and  truftees  mail  have  full 
power  and  authority  to  meet  as  often  as  they  fhall  think  necefl'ary,  and  caufe  a  plan  of  the  faid  town  to  be  made 
and  therein  mark  or  number  each  lot  in  the  ieveral  lquares  thereof  ;  and  from  and  after  the  palling  of  this  aft' 
they,  and  each  of  them  lhili  have  full  pawer  to  take  fublcripfiom,  for  the  faid  lots,  of  luch  perlons  as  fhall  be  wil- 
ling to  lubkribe  for  the  fame,  and  when  the  laid  town  fhall  be  fully  fubiciibed  for,  the  faid  commiifioners  fhall  ap- 
point a  day  and  give  public  notice  thereof  for  the  drawing  of  the  faid  lots,  which  fhall  be  done  by  ballot  in  a  fair  and 
open  manner  by  the  direction,  and  in  the  prefen.ce  of  a  majority  of  the  faid  truftees,  and  fach  fublcriber  lhall  be  in- 
titled  to  the  lot  which  lhall  be  drawn  for  him  and  correlpond  with  the  mark  or  number  contained  in  the  plan  of  the 
laid  town,  and  the  faid  commiifioners  are  hereby  impowered  to  grant  good  and  fufficient  titles  in  fee  fimple  to  the 
faid  lots  at  the  colt  of  each  fubfcriber.  Provided  nevertheless,  that  every  grantee,  his  heirs  or  ailigns,  of  any  lot  in 
the  faid  town  lo  conveyed  lhall  within  five  years  next  after  the  dare  of  the  conveyance  of  the  fame,  erect,  build  and 
finifh  oa  the  faid  lot  fo  conveyed,  one  brick,  ftone,  or  well  framed  houfe  of  the  dimenlior.s  of  twenty  feet  long  and 
llxteen  feet  wide,  and  ten  feet  pitch  in  the  clear  at  leaft,  with  a  brick  or  ftone  chimney,  and  if  the  owner  cf  any  lot 
fhall  fail  to  conpl/  with  the  directions  herein  prefcribed,  for  budding  and  hnilhing  a  houfe  thereon,  then  fueh  lot 
upon  which  luch  houfe  fliall  not  be  built  and  fiqifhed  3s  aforefaid  lhall  be  veiled  in  the  faid  commiifioners  ai:d  truftees 
and  they  or  a  majority  of  them  mall  and  are  fiereby  authorized  to  fell  (on  public  notice  firft  given)  fuch  lot  to  the 
higheft  bidder,  to  wnom  lhail  be  granted  and  conveyed  fuch  lot,  under  the  like  regulations  and  reftriftions  as  the 
fame  was  before  granted,  and  the  money  ariling  from  fuch  fale  to  be  applied  by  the  truftees  aforefaid  or  a  majority 
of  them  for  the  oeneht  and  improvement  of  the  faid  town. 

Ill",  And  he  it  further  enaSied,  by  the  authority  aforefaid,  that  each  refpective  fubferiber  for  any  lot  in  rife  faid  town, 
fhall  at  the  time  of  drawing  for  the  laid  lots  pay  into  the  hands  cf  the  faid  commiifioners,  the  fum  of  ten  pounds  and 
one  dollar,  and  the  laid  co  nmilfioners  arc  hereby  directed  to  pay  to  the  prefent  proprietor  the  laid  turn  of  ten  pounds 
for  each  lot  drawn  for,  at  the  time  the  faid  proprietor  relinquilbes  his  title  to  the  fame,  and  that  the  dollar  to  be  paid 
on  each  lot  kept  in  the  hands  of  the  faid  commiifionecs  to  pay  the  contingent  charges  of  laying  off  and  erefting  the  laid 
town. 

IV.  Be  i:  enafted,  by  the  authority  afire/kid,  that  in  cafe  of  the  refufal,  death  or  removal  out  of  the  county  of  any 
of  the  faid  commiifijneis,  the  lurviv.ng  com miifi oners  and  truftees,  or  a  majority  »f  them  afl'embled  together,  fliall 
and  are  hereby  impowered  to  appoint  from  time  to  time  by  inltrumsnt  in  writing  under  their  hands  and  leals,  fome 
other  perfon  being  a  freehold  r  in  the  laid  town  and  county,  in  the  place  of  h  m  fo  refuting,  dying  or  removing  out 
of  the  laid  county,  which  faid  inurnment  of  writing  fhall  be  recorded  in  the  county  court  and  regiitered  in  the  regif- 
ters  office,  which  new  truitee  fo  appointed,  lhail  'Henceforth  havejhe  like  paver  and  author  ty  i>i  all  matters  and 
things  herein  contained,  as  if  he  had  been  exprelfly  named  and  appointed  by  this  aft. 

Chap.  XXIX.  An  aft  for  eft  ahl'Jbing  an  Academy  in  the  neighbourhood  of  Hillfborough. 
I.  VX7HER.EAS  the  proper  education  ofyouth  in  this  ftate  is  highly  neceifary,  and  would  anlwerthe  moft  Valuable 
VV  and  beneficial  purpofes  to  this  ftate,  and  the  good  people  thereof;  and  whereas  the  neighbourhowd  of  Hills- 
borough, from  the  healthinefs  of  its  fituation,  and  the  great  plenty  of  provilion,  with  which  it  abound?,  is  a  fit  and 
proper  place  to  erect  a  feminary  ;  and  whereas  a  number  of  gentlemen  have,  in  order  to  promote  and  encourage  fuch 
a  valuable  and  beneficial  eftablifhment  as  the  erecting  ot  a  feminarv  at  the  place  aforefaid,  fublcribed  very  confidera. 
ble  funis,  which,  together  with  what  fums  may  be  fublcribed,  will  be  lufficient  toanfwtr  all  the  expences  attending 
the  lame  ; 

II.  Beit  therefore  enafted,  by  the  General  AJfembly  of  the  State  of  North-  Carolina,  and  it  is  hereby  enacled  by  the 
muthority  of  the  fame,  that  William  Hooper,   Alexander  Martin,  John  Kinchen,  Thomas  Burke,  Thomas  Hart,    Nathaniel 
Rochefter,  J  ;mss  Hogg,  William  Johnflon,  Efquires,  and  the  reverend  Mr.  Frazier,  be  and    are  hereby  conllituted 
and  appointed  truftees,  with  full  power  and  authority  to  receive  into  their  hands  and  poflelfion  all  monies  v.  bich  have 
already  been  lubfcribcd,  or  whi  h  (hall  be  hereafter  fubfciibed  lor  the  purpofe  of  erefting  a  leminary  in    tne  ncigh- 
bournood  of  Hillfbprough,  and  to  alk  for  and  demand  of  the  fevcral  lubferibers  alliums  by  them  refpeftivek  fubfenbed 
and  in  cafe  of  r.f...ii  by  any  of  them  to  pay  the  fame,  to  iue  for  and  recover  by  aftion  ot  debt,    in   tl>e   name    cf   the 
faid  truilees,  the  turn  wn'ch  the  per  on  lo  refuling  fhall  have  (ublcr.bed,  in  any  jufifdiftion  having  cognizai  ce   (here- 
of ;  and  the  laid  monies,  when  by  them  collected  and  received,  to  be  applied   o  the  uitsand  purpoles  herein  menti- 
oned, viz.  that  t  ie  laid  crullers,  or  a  majority  of  them,    lhall  immediately  after  the  ratification  of  this  aft,  meet  in  the 
town  of  Htll/borough,  and  wake  choice  of  fome  convenient  and  luitable  pi  ice  in  the  neighbourhood  of  faid  town   to  e- 
reft  the  afore'ad  leminarv,  and  to  contract;  for  and  purchafe  the  fame,  after  fuch  purchafe  made,  to  employ  peifons 
to  build  tunable  a, id  convenient  I  i  ufes,  t  jcontraft  with  and  employ  tutors,  and  to  p  rlorm  every  aft  or  acts,    thi.:g 
•r  things,  which  uiey  flwilthiflkiieceflary  &*  'he  advancement  and  promotion  of  the  laid  leminary. 


III.  And  he  it  farther  enabled,  by  the.  authority  aforefaiJ,  that  the  feinlnaiy  fliall  be,  audit  is  hereby  declared  to  be 
an  Academy,  by  the  name  of  Science-Hall. 

IV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  faid  truffees  of  the  Academy  of  Science-Hall  fliall 
be,  and  are  hereby  declared  to  be  inverted  with  the  fame  rights,  powers,  privileges  and  immunities,  to  all  intents  and 
purpoles  whatfoever,  as  the  truftees  of  the  Academy  of  Liberty-Hallare  inverted  with,  by  an  aft  of  General  Afl'tmbly 
of  this  (lite,  palled  at  Newbern  on  the  eighth  day  of  April,  one  thoufahd  leven  hundred  and  feventy-leven,  intituled, 
An  ail  for  incorporating  the  prefident  and  truffees  of  Liberty-Half,  in  the  conn:y  «/"Mecklenberg*  :  and  the  laid  Academy 
fhail  be,  and  is  hereby  declared  to  be  under  the  lame  rules,  regulations  andreilr:ct;ons,  as  the  faid  Academy  of  Li' 
herty-Hall  is  by  the  faid  act.  *p.  7  c. 

Chap.  XXX.   An  ail  to  invefi  the  property  of  a  bridge  or  raufeway  in  Gideon  Lamb,'£/.r /;<r:'r.r  or  ajjigns,  (by  him  already 

built  through  the  great  Di/ ma  I  Swamp,  from  Lebanon  to  Cambden  county  J  for  the  term  of  twenty  jive  years. 
I.  X~K  7tlERE AS  abridge  or  caul'e way  through  the  great  Dihnal. Swamp,  from  Lebanon  to  Cambden  county,  is 
V  4  much  for  the  convenience  of  travellers,  and  of  public  utility,  and  Gideon  Lamb  having  already  built  one  at  a 
confidera'.'.e  expence,  only  aided  by  a  fmall  fubferibtien  of  the  adjacent  inhabitants,  who  content  and  petition  that 
he  lhou!d  be  allowed  the  priviledge  of  taking  and  receiving  from  travellers  (foot  pdftngers  excepted)  fuch  rates  as 
the  courts  of  Pafquotank  or  Canbden  county  fliall,  from  time  to  time,  direct  for  crofliug  tie/fe's  ferry  ;  and  petitioning 
to  be  inverted  with,  the  fole  property  of  the  foid  bridge  or  caufeway  for  the  fpace  of  twenty-five  years.. 

II.  Be  it  thereforeenacled,  by  the  General  AJJembly  of  the  State  of  North- Carolina,  and  it  is  hereby  en-Bed  by  the  aw 
ihority  ofthe  fame,  that  it  lhall  and  may  be  la>vful  fcr  the  faid  Gideon  Lamb,  his  heirs  or  aifigns,  to  keep  a  fufficienfc. 
gate  on  the  bridge  or  caufeway  built  by  him  through  trx  great  Difmal  Swamp,  from  Lebanon  to  Cambden  county, 
and  take  and  receive  from  all  perfons  that  fliali  pals  over  the  fame  (foot  poifengers  excepted)  fuch  rates  a:  the  courts- 
of  Cambden  and  Pafquotank  counties  lhall  direct,  to  be  paid  at  the  lame  time  by  paffengers  cro  fling  Pafquotank  river, 
AtRelfe's  ferry,  being  the  fame  diftance,  for  and  during  the  fpace  of  twenty-five  years  and  no  longer. 

III.  Anil  be  it  further  enacled,  that  curing  the  time  the  faid  bridge  cr  caufeway  fliall  be  kept  in  fufiicient  repair,  and 
fit  for  travellers  and  carriages  to  pafs  and  re-pafs  the  lame,  it  flub  not  be  lawful  for  any  peri'on  whatsoever  to  build  any 
bridge  or  caufeway,  or  fei  any  perfonor  perfons,  carriage  or  carriages,  cattle,  hogs,  or  flieep,  over  ihe  faid  fwamp, 
for  fee  or  reward,  within  one  mile  of  the  faid  bridge  or  caufeway,  during  the  time  aforefaid,  under  the  penalty  of 
fifty  pounds,  proclamation  nipney,  for  each  and  every  offence  ;  to  be  recovered  by  the  laid  Gideon.Lamb,  his  heirs, 
executors,  adininiltrators  or  affigns,  in  any  court  of  record  in  the  faid  rtate,  to  be  applied  to  the  ule  of  the  proprietor 
of  the  bridge  built  by  the  faid  Gideon  Lamb  ;  and  during  the  faid  time,  the  right  and  property  of  the  faid  bridge  or 
cau/eway  is  hereby  inverted  in  the  faid  Gideon  Lamb,  his  heirs,  executors,  admniitrators  or  afligns. 

■»■  .    . 1 'u-     uj^ — — , 

IV  Year  of  the  Independence,     The  18  th  of  October,   1779..    Second  Seffion. 

, 2_ . _ _ . _ 

Chap.  XIV.  An  aclfor  effablifhir.g  fairs  in  Halifax  town  and  Edenton* 
I.  "OE  it  enacled  by  the  General  AJJembly  of  the  State  of  North.  Carolina,  and  it  is  hereby  enacled  by  ihe  authority  of 
JLJ  ihe  fame,  that  fairs  lhall  and  may  be  held  in  the  faid  towns  of  Halifax  and  Edenton  twice  in  every  year,  viz.  on 
the  fifit  Thurfday  in  May  and  the  firft  'Thurfday  in  November  in  the  town  u:  Halifax,  and  the  fecond  Thurfday  in  May 
and  November  "m  Edenton,  each  fair  to  continue  for  three  days,  for  the  fale  of  every  kind  of  horfes,  black  cattle, 
fheep  and  hogs,  pork,  and  all  kinds  of  provifion,  tobacco,  and  every  other  natural  production  of  the  country,  and  al- 
io for  the  fale  of.alland  every  fort  of  goods,  wares  and  merchanc'z?,  whether  foreign  or  manufactured  in  this  rtate  ; 
and  that  on  the  faid  fair  days,  and  on  three  days  next  before,  and  thr^e  days  next  after  each  of  the  faid  fairs,  all  per- 
fons coming  to,  beii)g  at,  or  going  from- the  fame,  together  with  their  horfes,  cattle,  or  other  effects,  intended  for 
fa!e,  or  put  chafed  at  the  faid  fairs,  Hull  be  free  and  exempt  from  all  arrelts,  attachments,  and  executions  whatfoe- 
ver, except  for  capital  offences,  breaches  of  the  peace,  or  for  quarrels  or  controverfies  that  may  arile  during  the  faid 
time,  in  which  cales  procefsmay  be  immediately  iiiued,  and  proceedings  thereupon,  had  in  the  lame  manner  as  if  this 
act  had  never  been  made. 

IL  And  in  order  to  prevent  frauds  and  impofitions  in  the  fale  ef  blooded  horfes,  be  it  enabled,  by  the  authority  afore, 
faid,  that  the  judges  of  the  faid  fairs  relpectively  herein  after  mentioned,  fliall  appoint  regifters  for  the  fame,  who 
fliall  take  an  oath  tor  the  faithful  (jifcharge  of  their  duty  5  and  every  perlon  who  lhall  bring  a  blooded  horfe,  mare  or 
gelding,  to  :he  laid  fairs,  or  any  of  theri),  for  fale,  fliall  deliver  in  writing  to  the  regifter of  the  fair  a  certificate  of 
the  owner  and  vender's  name,  and  the  colour,  age  and  blood,  of  fuch  horfe,  mare  or  gelding,  all,  which  (hall  be 
entered  by  the  faid  reo-ifter  in  a  book  to  be  by  him  kept  for  that  purpofe  ;  and  he  fliall  alio  fafely  keep  all  fuch  certi- 
ficates, that  recourfe  may  be  had  to  originals  if  ncceffiry  rafidif  any  pcrfon  fliall  fell,  or  offer  for  fale,  any  blooded 
horfe,  mire  or  geldipg,,  in  the  faid  town  of  Half  ax  or  Edenton,  during  the  time  of  the  faid  fairs,  without  firit  deli, 
vering  in  a  certificate  as  aforefaid  to  the  regirter,  the  perfon  fo  offending  fhall  forfeit  and  pay  one  tenth  part  of  the 
value  of  fuch  horie,  mare  or  gelding^  one  half  to  the  ufc  of  the  informer,  the  other  half,  to  the  purchafer,  where  an. 


aftual  fale  has  been  made,  but  where  there  has  been  no  fale,  the  who!?  to  the  life  of  the  informer  ;  to  be  recovered 
on  complaint  or  information,  as  is  herein  after  dhefted  :  and  it' any  perfon  (hall  wilfully  deliver  in  to  the  regil'.er  » 
falle  certificate  of  ths  age  or  blood  c?  any  horfe,  mare  i  :■  gelding,  and  (hall  Sell  the  lame,  fnch  perfon,  on  proof  made, 
(lull  forfeit  and  pay  one  fifth  part  of  tne  value  of  fuch  horfe,  ro;re  or  gelding,  to  the  ufe  of  the  purchafer,  to  be  re- 
covered on  complaint  or  information,  as  herein  directed  ;  and  the  perfon  fo  convicl;d  (lull  never  after  be  permitted  to 
fell  any  blooded  horfe,  mire  or  gei  iing,  at  any  of  the  la.d  lairs. 

III.  And  for  the  trial  of  complaints  and  informations  in  cafes  above  mentioned,  and  alfo  for  the  trial  of  controverfies 
anddiipured  bargains  arifiug  at  the  faid  fairs  ;  Be  it  enacle.:,  by  the  authority  aforefaid,  that  five  judges  (hall  be  appo- 
inted for  the  fair,  in  Halifax,  viz.  John  Webb,  Henry  Montj\ii,  Craondiites  Davis,  Chwles  Pafleur,  and  John  Geddy, 
and  five  judge-  for  the  lairs  in  Edenton,  viz.  Thomas  Benbuiy,  Samuel  Jnhnflon,  JoJ'eph  Hewes,  Michael  Payne,  and 
Robett  Smith,  either  of  whom  may,  on  application,  iffue  citations  and  lubpeenas,  and  nominate  perfons  to  execute  the 
fame  ;  and  the  fad  Judges,  or  any  three  of  them,  In  their  refpeflivp  jurifdiftions,  (hall  and  may  hear  and  determine 
inftanter  in  all  inch  cafes,  and  {lull  ifTue  executions,  and  appoint  an  officer  or  officers  to  execute  tne  fame  and  exercife 
all  the  powers  incident  to  a  court  of  pie  powder. 

IV.  And  be  it  further  enailed.  by  the  authority  aforefaid,  that  any  perfon  may  have  recourfe  to  the  regifter  book, 
and  the  regifter  thall  and  may  receive  for  entering  every  certificate  one  dollar,  for  every  leaich  half  a  dollar,  and  for 
copy  of  a  certificate  one  dollar  ;  and  the  officer  or  officers  appointed  by  the  faid  judges  to  ferve  or  execute  propels, 
(hall  have  the  lame  lees  and  commilhons  as  bylaw  allowed  to  fheriffs  in  the  like  cafes.- 

V.  And.it  it  further  enacled,  by  the  authority  aforefaid,  that  the  county  court  of  Halifax  (hall  at  all  times  have  pow- 
er to  fill  up  viicsncies  which  may  happen  among  the  judges  of  tl:e  lairs  in  Halifax,  by  death,  removal,  cr  refuial  to 
aft  ;  and  the  county  court  of  Chowan  the  like  powers  with  refpeft  to  the  judges  of  the  fairs  in  Edenton  ;  and  the  judg- 
es lo  appointed  (hall  have  the  lame  powers  and  authorities,   as  if  they  had  been  nominated  and  appointed  by  this   aft. 

C.t  AP.  XV.  An  ad?  to  invefl  the  title  of  certain  lands  therein  mentioned  in  Abner  Nafh,  Efquire,  and  other  purpofes. 
I.  \  k  j  HLREAS  it  hath  been  made  appear,  to  the  fatisfaftion  of  the  General  AfT'embly,  that  Abner  Najk,  of  the 
VV  county  of  Jones,  is  juftly  intitled  to  one  third  part  of  a  certain  traft  of  land,  lying  andbeingin  the  cou.ity 
of  Orange,  containing  five  theufand  acres,  ihe  fame  being  a  traft  of  land  lare  the  property  of  Richard  Augufius  Lath, 
bury,  and  fold  to  Edmund  Fanning,  in  behalf  of  himlelf,  Thomas  Hart,  and  the  laid  Abner  Naf),  by  the  (heriff  of  the 
faid  county  ot  Grange,  to  fatisfy  a  judgment  and  execution  obtained  in  the  fuper/or  court  of  Halifax  by  a  certain  Rich- 
ard  B  idger  ;  ana  the  faid  Edmund  Fanning.,  who  owed  allegiance  to  this  (late,  having  departed  the  fame,  and 
joined  ihe  enemies  of  the  United  States,  whereby  his  property  hath  by  thelaws  of  this  (fate  become  forfeited  to  the 
iame  ;  and  it  being  reasonable  that  the  faid  oue  third  part  of  the. faid  land  mould  be  protefted  f rotn  confifcation,  and 
fecured  to  che  faid  Abntr  A  cjb  : 

II.  Be  it  therefore  enafted,  by  the  General  Afftmbly  of  the  State  ofNorth  Carolim,  and  it  is  hereby  enacled  by  the  au- 
thority oi  the  fame,  that  Thomas  Taylor,  John  Kinchen,  and  John  Eaji ice,  or  any  two  of  them,  be,  and  they  are  here- 
by appointed  commilhoners  for  the  laying  out  and  ascertaining  unto  the  faid  Abner  Nafli  his  one  third  part  of  the  faid 
tract  of  land,  regard  being  had  to  the  quantity  and  quality  of  the  fame  ;  and  thereupon  that  they,  or  any  two  of 
them  as  aforefaid,  (lull  ex<=cu:e  unto  the  faid  Abner  Nafh  a  good  and  Sufficient  deed  of  conveyance  for  the  fame  ;  all 
•which  proceedings,  at  the  proper  coif  and  charges  of  the  faid  Abner  Nafi,  when  had  and  done,  (hall  be  deemed  fuffi- 
cient  in  law  to  veft  in  him  all  the  right  and  title  which  this  (late  hath,  or  may  have  acquired  in  and  to  the  fame,  by 
confiscation,  forieiture,  or  otherwile,  any  law  to  the  contrary  rotwithftanding. 

Ill  And  whereas  alio  it  has  been  made  appear,  to  the  fatisfaftion  of  the  General  Aflembly,  that  Thomas  Burke,  oi 
the  county  oi  Orange,  is juflly  intitled  to  a  certain  traftor  parcel  of  land  fituated  in  the  laid  county  of  Orange,  oa 
both  fides  oi  Little  river,  beginning  at  a  hickory  and  red  oak  on  the eaft  bank  ot  the  river,  a  corner  oi  John  Pilkerton's  - 
thence  crofhrg  --he  rivtr  with  M'CailiJler's  line,-  weft  thirty-eight  chains,  to  a  red  oak  fappling  ;  rhence  alon°-  his 
line,  tooth  four  chains  and  an  half,  to  a  black  oak  ;  thence  along  his  line,  weft  forty  chains,  to  a  red  oak  ;  thence  a. 
long  his  line,  north  (even  chains,  to  a  hickory  fappling  on  Joftph  Allifon's  line  ;  ihence  along  his  line,  weft  nine 
chains,  to  a  hickory  fappling,  corner  of  William  Ray's  land  ;  thence  his  line  fouth,  croffing  the  river  three  times,  to 
•wit,  at  eleven  chains,  at  eighteen  chains,  and  at  twenty  two  chains,  and  continued  fixty  five  chains,  to  a  black  jack 
fappling  ;  thence  eaft  thirty  one  chains  fifty  links,  toa  large  forked  oak,  and  continued  fifty  fix  chains  and  an  half,  to 
a  (lake  ;  thence  north  thirty  four  chains,  with  Pilkerton's  line,  toaperfiraon  tree  (landing  on  the  bank  of  the  river  ; 
thence  down  the  waters  of  the  river  with  Pilkerton's  line,  to  a  (lake  on  the  eaft  bank  of  the  faid  river;  thence  his 
line,  eaft  ten  chains,  to  a  hickory  and  white  oak  ;  thence  his  hue,  north  ten  degrees  weft,  ten  chains,  to  the  firlt  Ora- 
tion ;  containing  three  hundred  and  ninety  threeacres,  of  which  traft  or  parcel  of  land  the  late  James  Milnerdied 
feized,  and  which  wa?  fold  by  a  certain  Andrew  Milter,  execmor  of  the  laft  will  and  teftament  of  the  i&\d  James,  to 
the  laid  Thomas  Burke  ;  and  the  faid  Andrew  Miller,  having  attached  himfelf  to  the  enemies  of  this  and  of  the  Uni- 
ted States,  and  the  heirsof  the  faid  James  Mtlner  (if  any  there  be)  being  aliens  and  enemies  to  this  (late,  and  it  being 
neverthelels  juft  and  reafonable  that  the  faid  Thomas  Burke  Ihould  have  the  full  eflfeft  of  hU  contraft  and  purchale  of  the  • 
faid  lands  and  premifes,  ami  that  the  fume  llwuld  be  protefted  from  confifcation,  and  iecured  to  the  faid  Thomas, 

Z 


go 

Bwke-  be  it  therefore  enaSled,  by  the  authority  aforefdel,  wilt  is  herjtby  enaSed,  that  the  faid  tract  or  parcel  of  land; 
lims-i-d,  lymg  and 1  being  in  the  count)/  of  Orange  aforefaid,  on  both  fides  of  Little  river,  and  bounded  as  aforefaid,  be 
and  remain  10  the  (aid  Thomas  Burke,  h-s  heirs'  and  affigns,  forever;  faving  the  rights  of  all  perfcns  who  are  titi. 
zem,  of  this  or  ctany  of  the  United  States,  and  ali  rights  (except  l'uch  as  may  be  now  or  hereafter  veiled  in  this  ftate, 
by  forfeiture,  confifcation,  efcheat,  or  dereleftion)  by,  from,  or  under  the  heir  or  heir*  of  the  faid  James  A.ilner, 
cleccVed,  who  are  aliens  or  enemies  ;  a .iy  law  to  the  contrary,  notwithstanding 

IV.  And  whereas  it  hath  further  been  made  appear,  to  the  iausl action  oi  the  General  AiTembly,  that  on  or  about 
the  ninth  day  ot  March,  one  thoufa«(i  feven  hundred  and  l'eventy  four,  Thomas  Pet  fin,  Efquire,  'of  Granville  county, 
did  ptirchale  of  a  certain  William  Fields  certain  trad:  of  land,  lying  in  the  county  cf  Randolph,  late  Guilford  county ,  on 
both  iides  hickory  creek,  containing  two  hundred  and  thirty  three  acres,  and  hounded  as  follows,  to  wit,  beginning 
at  a  hickory,  on  John  CJborn's  line  ;  thence  running  north  two  hundred  and  twenty  poles,  to  a  white  oak;  thence 
calf,  croifing  hickory  creek,  one  hundred  and  l'eventy  poles,  to  a  white  onk  ;  thence  fouth  two  hundred  and  twenty 
poles,  to  a  hickory,  to  and  along  O/bom's  line,  to  the  beginning  ;  the  fame  land  having  been  granted  to  Ifaac  Cox  by 
Earl  Granville,  by  a  deed  bearing  date  the  twenty  fixth  day  of  C  Sober,  one  thouland  ieUn  hundred  and  fifty  nine, 
and  by  lundry  m'efne  conveyances,  as  appears  by  the  records,  afterwards  to  the  laid  William  Field  ;  a.'d  the  faid 
Tktmas  Per/on  having  paid  the  purchafe  money,  or  i he  greateit  part  thereof,  and  taken  a  bond  of  the  faid  William 
Field,  bearing  date  the  aforelaid  ninth  day  of  March,  one  thouiand  feven  hundred  ana  feventy  four,  conditioned  for 
the  making  unro  the  laid  Thomas  a  good  title  in  fee.fimple  in  and  to  the  faid  land  :  and  whereas  the  laid  William  Field 
afterwards,  and  before  any  legal  title  by  deed  could  be  obtained  from  him  for  the  land  iforefaid,  did  trailer  oufly  with- 
draw himlelf  from  this  ftate,  and  did  join  the  enemies  of  the  United  States,  uherebv  all  his  lands  and  tenements, 
goods  and  chattels,  are  become  forfeited  to  this  ftate  ;  and  it  being  reafonable  that  the  faid  land,  lo  as  aforefaid  pur- 
chafed  of  him  by  the  hxdTbomas  Per/on,  /hould  be  protected  from  confifcation,  and  fecured  unto  him  :  be  it  therefore 
further  enacled,  by  the  authority  afore/aid,  that  the  faid  two  hundred  and  thirty  three  acres,  lituated  and  bounded  as 
is  before  let  forth,  be,  and  the  lame  is  hereby  declared  to  be  vetted  in  the  faid  Thomas  Per/on,  his  heirs  and  affigns, 
forever,  as  fully,  to  ali  interns  and  purpoles,  as  if  the  faid  Field  had  executed  a  deed  to  him  for  the  lame  before  his. 
departure  from  this  ftate. 

V.  Jnd  be  it  further  enacted,  by  the  authority  aforefaid,  that  the  laid  AbnefNafh,  Thomas  Burke,  and  Thomas  Perfon, 
fliall  pay  inio  the  hands  of  the  commiflioners  to  be  appointed  for  the  counties  of  Grange  and  Randolph  the  relpedive 
iums  due  for  the  lands  aforelaid,  and  that  they  account  on  oaih  tor  the  lame. 

VI.  Provided  nevzrthele/s,  that  this  act  fliall  not  be  conurued  to  extend  to  invalidate  any  legal  conveyance  made  by 
the  within  mentioned  Edmund  Fanning  previous  to  the  declaration  of  Independence,  to  any  part  or  parcel  of  the  with- 
in mentioned  land. 


Chap.  XVIII.  AnacJ  to  enable  John  Kirkwtod  and  Thomas  Robefon  to  fell  and  difpofe  of the  eftate   of  John  Robefon,  den 

ceafed. 
\A/HEREAS  7oin  Robefon>  of  the  county  of  New  Hanover,  having  died  inteftate,  and  poffeffed  of  a  confidera- 
YV   bje  eftate,  real   and  perfonal,  the   greatrfl  part  of  both  itandi  mortgaged  for  the  payment  ot  more  than  th« 
I  urn  of  fixteen  hundred  pounds  tterling  money,  to  Woldridge  and  Kelly,  merchants  in   the  kingdom  of  Great  Britain, 
whole  property  becomes  forfeited  by  their  abience  from  this  ftate  ; 

II.  Beit  emicled  by  the  General  Ajfembly  of  the  State  0/ North-Carolina,  that  it  fliall  and  may  be  lawful  for  Thomas 
Eonefon  and  John  Kirkweod  to  fell,  convey,  and  difpofe  of  the  eftate  of  the  deceafed,  for  the  moll  it  wiil  fetch,  at  pub- 
lic vendue,  and  to  fatisfy  and  pay  the  debt  and  intereft  due  by  laid  Robefon  to  Woldridge  and  Kelly  into  the  treaiury 
of  this  ftate,  and  the  remainder  (if  any  J  to  apply  as  by  law  directed. 


Chap.  XIX    An  ad  for  dividing  the  Mecklenburg  regiment  of  militia  into  two  feparate  and  di/lincl  regiments. 
!•   XT7HEREAS  the  great  extent  of  faid  county  and  the  uncentrical  iituation  of  the  court-houfe,  renders  it  very 

V  v    inconvenient  for  the  militia  of  the  north  eaft  end  of  faid  county  to  attend  court  martials,  and  other  military 
duties,  at  laid  court  houfe  :   for  ren  cdy  whereof, 

II.  Beit  enacled  by  the  General  Ajfembly  of  the  State  of  North  Carolina,  and  by  the  authority  of  the  fame, 
that  from  and  after  the  palling  of  this  act,  the  companies  of  the  following  captains,  towit,  captain  James  Barr,  cap- 
tain  James  White,  captain  Matthias  Bever,  captain  John  Stems,  captain  William  Houfton,  and  captain  William  Jlexan. 
der't  companies,  as  they  now  ltand,  lhall  be  a  feparate  and  diftinct  regiment,  known  by  the  name  of  the  Mecklenburg 
fecond  regiment  of  militia. 

III.  And  be  it  further  enacled,  by  the  authority  afqrefafd,  that  the  faid  regiment,  from  and  after  the  palling  of  this 
aft,  fliall  have,  exercife  and  enjoy,  all  the  powers  and  authorities  that  any  Other  feparate  and  diitinct  regiment  in  this 
ftate  does  exercife  and  enjoy  ;  any  law  to  trie  contrary,  notwithstanding. 

IV.  Andbe  it  further  enabled,  by  the  authority  aforefaid,  that  the  place  for ho'dinggeneral  mufters  for  laid  regiment 
fliall  be  at  the  lioufe  of  captain  Martin  Pfifer,  where  laid  companies  have  be$fl  formerly  a.uu.ered. 


Chap.  XX.  JnaclloJayofaaJe/rabiy&atovminWatrtAcoarty,  en  the  land already  pur  chafed  by  comwifj.tres     at 
the  place  fixrdj  r  fitting,  the  courUhsufe  of jaii  county,  (mdfar  safer purpofes  therein  mentioned". 

VVHE!lEAS  0ne  hl;"'Jrtd  acrtsoiJaid,  at  tie  place  fixed  ior   felting  she  ccrort-houfe  of  J'.'a:  •  cr  c<  ■  ritv     hath 
V  V  been  pure  laled  .  grecable  to  act  or  Auembly,  pafled  at  Halifax  the  twelfth  day  (A  February   one  tl  01  r'nd  fe 
ven  hunored  and  Icveniy  nine,     intituled,     An  acl /or  dividing  Bute  c;Miiy  into  two  difiv  B  counties    arj   cr  ttkir  iur 
pofes  therein  mentioned*  ;  .- n'd  reprelentation  being  made  so  this  Afien  I-  y.   thai  iht  ii  hahitai  ts  ot'i    d  com  'v  iel  eve 
it  would  be  greatly  to  their  advantage,  alio  to  the  benefit  of  trader?  and  awifiters,  to  have  a  town   laid   erf  and  efta 
bullied  by  lav*  on  the  afortta;d  land  ! 

Ii.   B:  it  therefore  enacled  by  the  General  Affinity  of  the  State  /North  Carolina,  and  it  is  hereby  eroded  h  the  eu 

tktrity  of  the  fame,  that  a  town  be  ettablifhed  on  the  laid  land,  by  the  name  of  Warrtr.tr.,  and  that  William  Joh  '-a,' 

Philemon  Hawkins,  Edward  Jones,  John  Paulcon,   Adkin  Al'Lenwn ,  and  William  Duke,  be,  and   are  hereby  appointed 

and  consented  dotnmrffioriere  and  truftees,  for  laying  out  and  directing  the  building  and  carrying  on  the ■  laid town  • 

and  Eke  fad  commiflioners;  or  a  majority  of  them,  are  hereby  authorized  and  requiredj  immediately  after  the  naf 

ling  of  this  act,    to  fet  apart  aloe  of  ground,  convenient  and  fufficient  lor  (he  court  houle,  prilcn  and  flocks    and    af 

ft  lay  out  one  hundred  other  lots,  each  to  contain  one  half  acre,  with  convenient  ftreets  and  fqoares  and  "t'he  'over* 

plus  or  land  tif  any)  to  rcmam  as  a  common  for  the  ufe  of  faid  town,  until  by  law  it  /hall  be  appropriated  toother   u 

les  ;   ana  that  the  find  commiflioners,  or  a  majority  of  them,  lhall  nave  full  power,  and  are  hereby  required  to  make 

or  cauie  to  be  made,  a  fur  plan  of  fa!  d  town,  and  mai  k  or  number  each  lot  therein,  and  take  rubferiptions  for   faid* 

lots  of  Inch  perlons  .3  may  t>e  willing  to  fubfcr.be  for  the  fame  ;   and  when  the  whole  number  of  'Jots  lhall  be  fubferi- 

bed  for,  the  fa.d  eo  nmilfioners  mall  appoint  a  day,  and  give  public  notice  thereof,  for  drawing  faid  lots,  which    flail 

be  do  le  by  ballot  in  a  fair  and    open  manner,   by  the  direct-on   and  infpeetion  of  a  nv.jor.ty  cf  faid  comn  nffioiK  rs    and 

each   ftWcnber    (hall    be  entitled  to  the  lot  or  lots  drau  n  for  him,  and  correfponding  « ith  the  mark  ^535  con 

tasked  in, he  plan  cffa-dto.n:  and  t,e  faid  commiihoners,  or  a    majority    of  them,*  are  hereby  Sc^ST  to sEraTt 

good  and  fufficient  titles  in  fee  fimple  lor  fa.d  lots,  at  the  coll  of  the  fublcribers.    Provided  nev.  rihele/f  that  every  Iran 

tee    his  heirs  and  aihgns,  of  any  lot  in  laid  town,  fo  conveyed,  fhall  within  three  years  next  after  t'he  conveyance  e" 

red,  bm.d  and  nnilh,   on  the  faid  lot,  one  brick,  (tone,  or  wdl  framed  hou'.e,  not  lels  than   twenty  LT  S    'fix 

teen  fcetw.de,  and  at  leaft  ten  feet  pitch,  with  a  brick  or  ftone  chimney,  or  in  prpportim  to  filch  diner fions   if  any 

grantee  .hall  hold  two  or  more  lots  adjacent  ,  and  ,f  the  owner  of  any  lot  or  lot,  find!  fail  to  build  ar  d  nS    th    eon 

a  houfe  or  hcufes  as  before  defenbed,  then  Inch  lot  or  lots  fhall  be  forfeited  ;  and  the   aforelaid  commUTc  ner       or  a 

majority  of  them,  are  hereby  authorized  to  fell,  on  public  nonce  firft  given,   fuch  lot  cr  lots  to   the   hiVbeft    Kdder 

under  the  like  relations  as  the  fame  was  before  granted,  and  the  money  arinng  from  fuch  laletobe  applied  by    the 

ruftees,  or  a  majority  of  them,  for  the  benefit  and  imrpovement  of  laid  town,  Provided  alfo,  that  vo  oil  peifon  mall 

be  permitted  to  fubienbe  for  more  than  fix  lots  for  his  own  ufe.  penon  mail 

III.  And  be  itfurtivr  enacled,  by  the  authority  aforefaid,  that  each  refpecfive  fubferiber  for  anv  lot  in  faid  town 
flu  I  at  the  time  6f  filbfcribmg  pay  fifty  dollars  for  each  and  every  lot  into  the  hands  «f  laid  commiffion  rs  c  any  one 
of  them  as  tney  fhal  appoint,  who  after  deducting  fuch  part  of  thole  monies  as  the  county  court  fha Kiud£ "a,  Z 
fonablecompenlauon  for  their  trouble,  are  hereby  directed  and  required,  within  three  months  after  the  Tots  are 
drawn-for  to  pay  the  remainder  of  all  the  a.d  monies  into  the  hands  of  thofe  commiflicners,  who,  in  obedience  o  he 
act  ot  Airembly  before  mentioned  did  purchafe  the  aforefaid  land,  and  contract  with  workmen  to  build  a  court  hotife 
pnfon  and  docks,  thereon  j  which  laid  monies  the  laft  mentioned  commiflioners  fhall  appropriate  to" vard.  dncharebe 
fame  "      b&toff,  ^  ihM  aCC0Unt  Vhh  the  C0Urt  °f  laid  «"»5  «*  the  expenditure  of  In! 

IV.  And  be  it  further  enaZed,  by  the  authority  aforefaid,  that  in  cafe  of  refufal,  death,  or  removal  out  of  the  county 
any  of  the  commiffioners  appointed  by  this  or  the  afore  mentioned  *ft,  or  the  furvivor  of  then?  are  hereby  ™CZ' 
ered  and  required  to  appoint,  from  time  to  time,   by  inftruments  in  writing,  under  their  hands    nd  Jeals,  ftme  G-nTr 

^he^or'find  con  ^  ^^  *"*  'T^S'  **«1?  rem°V';i^  M  ^{  ^^StaSiSZ 
eel  in  the  court  of  faid  county;  and  a  new  commifhoner  or   commiflicners    lo  appointed  (hall  have  the  like  cower  -rd 

mt.Toned  \l     """"*  -  thi°gS'  ****  "  ^  had  been  ^^  M»^»«»   ■PP^'d  by  this  oKelftre 

V.  Whereas  the  commiffioners  appointed  by  acl  of  Aflemhly  to  meafure  the  boundaries  of  Bute  county  and  run- 
h!"gfa  ?•?,/«§  T      tW,ee"  the  countiesof  "Ww.  and  Franklin,  having  run  the  fame  by  a  dired  line  from  CrmvUk 

LSSS,  "ear  f "^"t  ^Wf  P,Umf ti0"'  a"d  findlnS  h  m0ft  ™™*™  for  S.  lower  inhabit  S 
near  the  laid  dividing  hne  to  continue  the  fame  down  the  meanders  of  Little  Shockoe  mdGreat  Shocioe  creek  to  Fifh* 
,y  creek,  and  down  the  meanders  thereof  to  H  li/aX  and  Najb  line,  each  county  thereby  having  an   equJ   c  uar X 

]  aSnraSCa,nbe/eaunablyakertaimd:  ^dastheccmmifFonershavecauledthe  faid  ^.vidi  I    hne   to  be     ■ 
e     ered  on  the  records  ot  each  com  ,y,   therefore,  be  it  en.cl.d,  by  tie  authoiity  c,fref,ia,    that   the    aicren  entered 
dividing  hne  as  it  flands  entered  on  the  records  of  Warren  and  Franklin  courts,  be  ai.d  remain  the  d.  fding  hue  beu      u 

7^7*^  '^  t0  th€  CCntfa^'  ^wuhiunding.         " 


gi 

Chap.  XXI.  An  acl  to  amend  an  acl,  intitled,  an  a<Sl  for  the  regulation  of  the  town  of  HiVJbortmgh.     p.  74, 
I.     \  7f  7HEREAS  from   the  isapoffibtlity  ot  procuring  nails,  and  other   irateria's  neccfTary  for     building,    and  from 
V  V   many  unavoidable  circumitances  intervening,  owing  to**the  present  to:i  ell  with  Great  Britain,  it  hath  been  im- 
polliblc  for  thofe  perfons  holding  unimproved  lots,  by  entry  or  other  a  ile,  10  compleat  the  neceii'ary  buildings  required 
within  the    time  limited  by  law  ; 

II.  Be  it  ihereforeenacled,  by  the  General  Affembly  of the  Stats  ot "North  Carolina,  and  it  is  hereby  enabled  by  the  au' 
thority  of 'the  fame,  that  from  and  after  the  palling  of  this  act,  all  and  every  person  Voiding  unimproved  lot  or  lots  in 
the  town  of  Hillfborqugh,  by  entry  or  othervvife,  lhall  be  allowed  a  further  time  of  three  years  to  compleat  the  ne- 
cefiary  buildings  required  by  law  tor  (ecuring  titles  to  luch  lot  or  lots  in  laid  town  j  any  law,  ufage,  or  cu'totn,  to  the 
contrary,  notwithstanding* 

lit.  And  be  it  enacled,  by  the  authority  aforefaid,  that  each  and  every  perfon  holding  unimproved  lot  or  lots  in  the 
town  of  Hill fborough,  bv  entry  or  otherwife,  who  fliall  within  the  term  of  three  yea:t  limited  by  this  aft,  make  fuch 
improvements  on  the  fame  as  (hall  be  deemed  by  the  truttees  or  commilTionersol  the  faid  town,  or  a  majority  of  then^ 
to  be  of  equal  value  or  advantage  to  the  town  as  the  heule  required  by  law,  (hall  be  considered  a  fufficient  improve- 
ment to  fecure  a  title  for  each  and  every  lot  lo  improved  ;  any  law,  ufage  or  cuUom,  to  the  contrary,  notwith- 
flitjdiiig. 

IV.  And  be  it  further  en.ic7:d,  by  the  authority  aforefaid,  that  the  eighth  feftion  of  an  aft  of  the  General  Afiembly, 
palled  at  Newbern  the  eighth  day  of  April,  one  thouiand  (even  hundred  and  feventy  feven,  intituled,  An  acl  for  the 
regulation  of  the  town  of  H.l(b  trough*,  is  hereby  repealed; 

V.  And  be.  it  further  enasled,  by  the  authority  aforefaid,  that  fo  much  of  the  above  recited  aft,  as  comes  within  the 
purview  of  this  aft,  is  hereby  repealed,  and  made  null  and  void.     *p.  74. 

Chap.  XXil.    An  acl  to  prevent  perfons  from  flopping  the  pa/fages  offifh  up  Tar  river  and  Dan  river. 
1.   TT  7HE.IEAS  d.vers  perfons,  inhabitants  near  Tar  river  and  great  Dan  river,  heretofore  made  a  practice  of  flop- 
VV    ping  the  paffage  ot  filh  up   the  faid  rivers,  by  building  wares,  dams  or  hedges,  acrofs  the  fame,  whereby, 
great  damage  is  done  to  th.3  pood  people  refident  above  fuch  wai  es,  d^ms  or  hedges  :   for  remedy  whereof, 

II.  Beit  therefore  enabled,  by  the  General  Affembly  of  the  State  of North- Carolina,  and  it  is  hereby  enacled  bv  the 
authority  of  tbe  fame,  tha:  from  and  after  the  palling  of  this  aft,  it  (hall  not  be  lawful  for  any  perlon  or  perfons  what- 
soever 10  build,  ereft,  or  caufe  to  be  built  or  erected,  or  kept  up,  any  ware,  dam,  or  llop^age,  that  is  a'ready,  or 
may  hereafter  bs  built  or  erected  acrols  the  faid  rivers,  unlets  eighteen  feet  in  or  near  the  middle,  or  in  the  deepen: 
part  of  th  e  faid  riverf,  be  left  open  to  the  bottom  acrofs  the  fame  during  the  term  of  tin  te  in  mr  s,  to  wit,  from  the 
fifteenth  day  of  February  to  the  fifteenth  d^ay  of  May  ;  but  that  all  Uoppages  (hall  be  lo  made  in  the  laid  rivers  as  to 
leave  eighteen  feet  thereof  as  aforefaid  open  and  fufficient  for  the  free  p.dlage  of  filh  up  the  laid  rivers  during  the  afore- 
faid term  of  three  months  in  each  and  every  year. 

III.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  any  perfon  or  perfons  who  fliall  offend  againft  this  aft, 
fhalf/orfeit  and  pay  for  every  fuch  offence  the  (urn  of  one  thouiand  pounds,  to  any  perfon  or  perfons  who  fhall  fue 
for  the  fame,  to  his,  her,  or  their  own  proper  ufe  ;  to  be  recovered  before  any  jurisdiftion  that  (hall  have  cogni- 
jzance  thereof. 

IV.  And  be  it  enacled,  by  the  authority  aforefaid,  that  this  ?£t  (hall  not  extend  to  keep  open  Tar  river  higher  up  the 
-fame  than  to  Pridy  or  Dickenfon's  mill,  as  the  laid  mill  is  not  tar  below  the  head  of  the  faid  river. 

Chap.  XXIII.   An  acl  to  impower  the  commiff.omrs  therein  mentioned to  pur chafe  a  lot  in  the  town  of  Wilmington,  /* 

build  a  gaol  thereon  for  the  diflricl  of  Wilmington,   and  other  purpofes. 
I.  T  T  7HEREAS  there  is  no  lot  yet  procured  to  build  a  diftrift  gaol  in  the  town  of  Wilmington,  for.the  diftrift  ofWiU 
V  V   mington  :   for  remedy  whereof, 

II.  Be  it  enabled  by  the  General  Affembly  of  the  State  of  North  Carolina,  and  it  if  hereby  enabled  by  the  authority  of 
■the  fame,  that  William  Wilkinfon-,  John  DuBois,  Henry  Toomer,  Richard  Player,  and  Andrew  Rundelfon,  or  a  majority 
of  them,  be,  and  they  are  hereby  authorized  and  impowered  to  ptirchafe  a  lot  of  land  in  the  faid  to»vn,  in  the  molt 
convenient  place  for  the  purpofe  aforefaid. 

III.  And  be  it  further  emcled,  by  the  authority  aforefaid,  that  the  (aid  commilfioners  be,  and  they  are  hereby  au« 
thorized  and  impowered  to  take  a  title  for  the  faid  lot,  for  and  in  behalf  of  the  faid  diftrift  of  Wilmington,  to  be 
referved  for  the  ufes  aforefaid. 

—  ■■  ■  .  1  1  ,  11  1  1  1 1 ■ ' 

Chap.  XXIV.   An  acl  for  prolonging  the  time  for favirg  the  lots  in  the  towns  of  Windier  and  Wynton. 
I.  VY7HEREAS  from  many  una  voidable  hindrances  it  hath  been,  imprafticable  for  the  proprietors  and  owners  of 
W  lots  in  the  towns  of  Windsor  and  Wynton  tocomplent  the  buildings  on  the  laid  lots  agreeable  to  law  ; 
II.  Beit    therefore  enacled,  hy  the  General  Affembly  •/ the  State  of  North- Carolina,  and  it  is  hereby  enacled,    hy  the 
authority  of  the  fame,  that  every  lo;  in  tither  ofjhe&id  town?,  on  which  a  hc-ufe  be  erected  and  built  of  the  dimenfi- 


ens  in  the  Tewal  aers  of  AfffmVy  Ft  ereS'rij*  the  fa:d  towns  of  Windfbr  ,nd  V/yn'.on  inlo  towns,  or  other  rmprove- 
rtien  S,  which  fhall  be  by  the  cotnmiilioners,  trn.lees  or  directors,  cr  either  of  them,  deemed  and  adjudged  equal 
thereto,  » ithm  the  ipace  of  three  years  next  after  the  pu'ii  ig  of  th's  2tl,  and  all  and  every  lot  in  either  of  the  laid 
towns  which  thall  hereafter  be  fold  or  conveyed,  on  which  iuch  houfe  iha'l  be  erected  and  bu.lt,  or  orher  improve- 
ment ma  :e  thereon  eqiul  thereto,  within  the  Ipace  of  three  years  from  the  date  of  the  conveyance  executed  ior  the 
fame,  in.Ul  and  is  Hereby  declared  to  be  veiled  in  the  grantee  thereof,  his  heirs  and  afligns,  in  fee  fhnple,  any  thing 
contained  in  t,ie  ab  >ve  memio.  ^dact  to  the  contrary  notwithstanding. 

Chap.  XXV.  A  i  utl  for  ef!  ablijhing  an  academy  in  the  county  '/"Granville,  for  appointing  truftecs,  andjor   other  pur* 

tofes. 
I.  t  If  THERE  AS  the  nroner  educat'on  of  youth  in  this  ltate  is  highly  necelTary,  and  would  anfwer  the  racft  valim- 
VV  ble  and  beneficial  purpofes  to  the  good  people  thereof ;  and  whereas  the  county  of  Granville,  from  its  ficua- 
tion  both  pleafant  and  healthy,  well  watered,  and  abounding  with  provifions,  is  a  fit  and  picper  place  to  erect  buil- 
dings for  a  ieminary  of  learn. ng  ;  and  whereas  large  funis  of  money  have  already  been  fubferibed  to  promote  and 
encourage  luch  a  laudable  and  beneficial  eftablifhnieni,  which,  together  with  luch  other  fums  as  may  be  given-  hx 
donations  and  otherwife,   will  anfwer  all  liie  e  pei  ce  attending  the  lame  : 

II.  Be  it  therefore  enabled,  by  the  General  Affi  -t'bly  of  the  State  o/iNorth-Catolina,  and  it  is  hereby  enacled  hv  the  au- 
thority of  the  fame,  that  his  Excellency  Richard  Go/we'll,  Eia>  Abner  Najhf  Efq  ;  Speaker  of  the  Senate,  and  Thomss 
Benbury,  Efq.  Speaker  of  the  Houie  of  Commons,  JohnFenn,  Efq;  Reverend  George  Micklejohn,"  the  Reverend 
Uo:'-y  Patillo,  Thomas  Perfon,  Edmund  Taylor ,  John  Taylor,  Alemucan  Hunt,  Philemon  Hawkins,  jnn.  Howel  Lewis  t 
Robert  Lewis,  Charles  Ru/I  Eaton,  John  Young,  and  Samuel  Smith,  be,  and  are  hereby  coultituted  and  appointed  truf- 
rees,  with  full  [ o  \  er  and  authority  to  receive  into  their  hands  and  pod'edion  all  monies  and  other  perfonab'e  proper- 
ty, as  alio  to  receive  a  grant  in  fee  Jor  all  iuch  land,  as  fhall  be  g. veil  in  donations,  with  lucn  ufes  and  truits  as 
may  be    r.ecelfary  for  the  purpofe  aloreiaid. 

III.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  a  majority  of  the  laid  truftees  (hall  be,  ard  are  here- 
by declared  a  board,  to  make  choice  of  land,  receive  in  donations,  or  purchase  the  fame  in  tie  faiel  county,  not  con- 
taining lets  .lun  five  hundred  a.res,  whereon  to  creel  tne  building  of  the  academy  aforefaid,  which  when  built  fhall 
be  Called  Granville  Hall  ;  and  that  a  majority  of  ("aid  truftee5  (hall  be  a  board  on  other  occafions  to  make  a'l  fuch  re- 
gulatior.s  as  fh  11 1  c  necefLr.  for  the  improvement  of  the  faid  academy,  who  arc  hereby  vetted  with  all  the 
powers  and  authorities  as  the  indices  of  ai.y  academy  in  this  ftate  poflets  and  hold,  for  the  purpofe  aforefaid. 

IV.  And  whereas  a  town  contiguous  to  the  faid  buildings  would  be  very  convenie  "  ai  d  fei  ■  iceabler  be  it  farther 
enacled,  by  the aut  ority  aforefaid,  that  the  faid  majority  of  the  truttees  as  aforefaid  fhall  lay  oui  one  hundred  icrc"  of 
the  faid  land  iato  haif  acre  lots,  with  proper  ftreets  and  fquarcs  *,  and  when  one  hundred  f  \  are  fubferibed  for  t  e 
fame  to  be  di awn  by  ballot,  and  any  five  of  the  laid  trufiees  lhall  nuke  a  deed  in  ;ee  to  t,c,j  fubkiibet  v.  I  I] 
draw  a  lot  as  aforefaid. 

Chap     XXVI,    An  afl  to  prevent  tie  flopping  of 'fifh  from  running  up  t!  e\       ky  and  Ha*   rivers. 
I.  \T7HEIiE.\S  di  ers  perl  ins,  inhabitants  near  the  faid  rivers,  have  heretofoi  .  made:  .1   pra«  ice  pt  g   the 

VV  fame,  by  btrildirtg  wares,  dams  or  hedges,  a.rols  laid  ri.  as,    with  deli.. 1     ,  catch  filh  and  otl  e 
by  great  injury  is  done  to  the  good  people  reiident  above  itch  wares,  dams  ur  heJ^t,  afcrtiaiu  ;  for  temedi    .     ere. 
fif, 

II.  Beit  en.icljd,  by  /'■<?  General  Affembly  of  the  State  of  Nprth-Carouha,  nnd  it  ishceby  ena"cd  by  tht  aut!  vity  of 
the  lame,  that  from  and  aiier  the  ratification  01  thisaCt,  it  finll  not  be  lawful  for  an*  pcrloa  01  perions  whatfoever 
to  bni  d  or  erect,  01  caufe  to  be  b'.i'lt  or  erected,  or  keep  up  any  tint  is  a'ready  erected,  wares,  dams  or  hi  dges,  in 
the  fa:d  rivers,  below  Nathaniel  Alexander's  mill,  enRtcky  riVer,  v.  huh  Hands  on  the  trading  road  that  le.;ds  from 
S  lifbury  to  C'tiarlolte  town  on  Rocky  river,  or  Richard  S'u.p'on's  mill  on  Hi.w  river.  Provided  nevcrthelefs,  it  (hall  and 
may  be  lawful  for  any  perfon  or  perfons  to  keep  up  an;  mill  dam  or  dams  that  is  or  may  be  erecled  on  faid  rivers 
provided  the  owner  or  owners  of  fuch  mill  dams  fhall  either  by  gates  or  Hopes,  (rem  the  fifteenth  of  February  until 
the  fifteenth  of  Hay  in  each  and  every  year,  keep  open  twea'y  feet  of  f  nd  river  by  Hopes  or  gates,  faid  flopes  to  be 
twenty  fve  feet  in  length  for  every  four  feet  in  height  of  luch  d,tm,  and  fo  in  proportion,  and  fo  fixed,  that  the  wa- 
ter may  be  kep<  running  rot  lefs  than  nine  inches  deep  through  each  Hope  for  and  during  the  time  aforefaid,  faid 
flopes  and  gates  to  he  made  and  fixed  up  at  the  expence  and  colt  of  the  owner  er  owners  of  fuch  dam  or  dam*  j  and 
if  the  owner  or  owners  lhall  choofe  to  keen  open  faid  river  by  gates,  they  fhall  be  fixed  and  kept  in  the  channel  of 
laid  river  tor  and  during  the  time  aforefaid,  and  the  fame  number  of  feet  in  breadth. 

III.  And  be  it  further  em.cled,  by  the  authority  aforefaid,  that  any  perfon  or  perions  who  fhall  offend  againft  this  aft, 
fhall  forfeit  and  pay  for  every  offence  the  fum  of  five  hundred  pounds  ;  to  be  recovered  by  action  of  debt,  in  any 
court  of  record  in  this  flaie,  one  half  to  him  or  them  that  will  fue  for  the  fame,  the  other  half  to  go  to  the  ufe  oi 
the  county  where  the  offence  may  be  committed,  to  leflen  the  county  taj. 

A.  2 


94 

Chap.  XXVIT.  An  ad  to  eft  alllflfct  road  from  James  M'Daniel's,  in  Pafquotank  c  ounty,  to  tie  widow  White's  in  Per- 

qu  mous  courtly,  and  granting  a  toll  on  the  fame* 
I.  TTTHEREAS  a  reprefentat'on  hath  been  madeby  a  number  of  petitioners  of  the  counties  of  Pafquotank  and  Per. 
V  V  quimons,  that  a  load,  bridge  or  cauleway,  leading  from  or  near  James  M'Daniel's,  in  the  upper  part  of  Pa/, 
euotank  county,  through  the  great  Diimal  'mvamp,  to  Perquimans  county,  to  join  a  road  in  Perquimans  county  palling 
from  the  upper  bridge  V  Perquimans  r,\ev  by  the  widow  White's,  would  be  ot  great  convenience  to  the  inhabitants  of 
the  laid  counties,  and  other  perlons  having  occafion  to  travel  in  that  part  of  the  country"  ;  and  whereas  Gideon  Lamb 
bath  propoied  to  make  fuch  road,  bridge  or  caufeway,  in  a  proper  and  fufficient  manner,  at  his  own  expence,  and 
to  maintain  it  in  effectual  repair  during  his  ituertlt  therein,  ii  he  can  be  afcertained  of  receiving  an  adequate  compel]  < 
fation  anil  encouragement  i.r  the  ^ame  ; 

II.  Beit  therefore  er.^cled,  by  tie  General  ■ifjim'dv  of  the  State  of  North  Carolina,  and it  is  hereby  enacled  by  the  an* 
thority  of  the  fame,  that  the  (aid  GMeOn  Lamb,  his  heirs  or  aflignsi  may  proceed  to  make,  cr  cauie  to  be  made,  fuch 
road,  bridge*  cr  caufeway  5  and  ij  he,  or  ■  ny  of  >h  m.,  (hall  within  the  term  of  five  years  from  the  palling  ot  ihis  act,. 
make,  or  caiife  to  be  made,  fuch  roai,  budge  or  i.iuleiva.',  'o  as  to  anfwir  the  purpol'es  of  effecting  a  fate  Mid 
convenient  paifage  to  all  travd!;r- havmg  c  c^afio.!  to  pafs  along  the  faciie,  their  horfes,  carriage-0,  cattle,  llieep  or 
hogs,  that  in  Inch  cale  if  lhallaid  may  be  lawful  for  the  faij  Cideon  Limb  toerect  and  keep  a  fufficient  gate  on  any 
part  of  the  faid  ro  d,,  bridge  or  caufeway,  ami  demand  and  rceelve  tor  the  paflage  of  all  and  every  perfon  or  per- 
fons, with  a  lurie  or  horfes,  carriage  or  carriages,  or  any  run. I  er  ot  cattle,  ihet-por  hogs  (foot  paflengers  only  ex- 
cepted) half  the  rates  tint  are  or  may,  frt  m  t  e  io  time,  be  by  the  court  ot  Chowan  county  allow  id  for  the  p-.ll'  ge, 
o-  the  fame  over  the  terry  lion)  E  dent  on  to  Duckenfteld'i  j  and  tl  at  the  laid  Gideon  Lamb,  his  1  e;rs  ir  affigns,  may 
lawfully  prevent  any  perion  or  perfons  palling  ovei  the  fame  asafoi'elaid,  without  payment  of  the  laid  rates. 

III.  And  be  it  j  urt  her  enacled,  by  tie  authority  afotefaid,  that  all  mi  i  la,  continental  trfcops,  withthtir  carnages  and 
horfes,  when  embodied  andin'actual  fervice,   fh;  11  pats  ai  d  r  pals  over  Lid  bridge  toil  nee. 

IV.  Provided,  mix  Jonathan  Herring,  JjhuaCatnphell,  Celeb  Cwen,  Jqfeph  Sto- kley,  Thomas  Newby,  Jofiab 
Cranberry,  and  Charles  herring;  are  her.tby  authorized  and  appointed  10  ihfpect  and  judge  whether  the  faid  road, 
bridge  or  ca«fe way,  be  properly  nude  by  the  faid  Gideon  Lamb,  his  heirs  or  aflign;  ,  and  upon  the  certificate  of 
them,  or  a  majority  of  them,  leturned  <o  the  <o';nty  co.  rt  ol  Pafquotank  or  Perauimons, certifying  tl  „t  the  laid  road, 
bridge  or  cauleway,  isproperlyma.de,  fo  as  to  anfwer  the  purptfes  and' intentions  of  this  act,  it  it  be  within  the 
term  of  fie  years  as  afon  faid,  ther  the  right  of  receiving  the  laid  rates  as  above  mentioned  fhail  commence,  and 
be  veiled  ia  the  faid  G  d  'on  Lamb,  his  \  eirs  and  afligns. 

V.  And  be  it  j  urt  her  tntCl.d,  by  the  authority  aforefaid,  that  the  right  of  receiving  the  rates  aforefaid,  upon  the 
conditions  above  mentioned,  thall  continue  ih  tiie  faid  Gideon  Lamb,  lis  heirs  and  alfigns,  fcr  ever. 

VI.  And  be  it  further  enaffed,  by  the  authority  aforefaid,  that  dur,  g  the  time  the  laid  bridge  ot  caufeway  mall  be 
teat  in  fufficient  repair,  and  htjfor  travellers  -and  carriages  «o  pal  •  repal's  the  fame,  it  mall  not  be  lawful  for  any 
perfon  or  perfons  whatfeever  to  huiidanyhridge  or  Cauleway,  cr  let  any  perfon  or  perfons,  carnage  or  carriage, 
cattle,  hogs  or  Cheep,  over  the  laid  Iwamp  lor  fee  or  reward,  within  fix  miles  of  the  faid  bridge  or  cauleway,  du- 
ring the  time  alo  elan),  under  the  penalty  of  iif.y  pounds  current  money  for  each  and  evtry  offence  ;  to  be  reco- 
vered by  the  [aid  Gideon  Lamb,  his  heirs  or  aliigr.s,  in  any  court  of  record  in  the  faid  ltate,  to  be  applied  to  the  ule 
of  the  proprietor  of  the  bridge  or  cauleway  biiilc  by  the  faid  Gideon  Lamb  ;  and  during  the  faid  time,  the  right  and 
property  of  the  faiu  bridge  or  cauleway  is  hereby  inverted  in  the  faid  Gideon  Lamb,  his  heirs,  executors,  adiuiniftra- 
tors,  or  atligns. 

VII.  And  be  it  further  enccltd,  by  the  authority  aforefaid,  that  if  any  perfon  fiia  II  fuftain  any  damage  or  injury  in 
crofling  the  laid  bridge  or  caufeway,  pwi'ng  to  its  infufficieucy,  he,  Ihe  or  they,  fo  luftaining  damage,  fhall  have  a 
right  of  action  and  recovery  of  the  proprietor  of  the  bridge  cr  cauleway. 

» ■■— i — — — — — —<»»B— — ■■ nil    1.0.-  — ■  ■  .  .1 

Chap.  XXX.  An  atl  to  lav  off  mnd  eftablijh  a  town  in  Franklin  county,   on  the  land  already  purchafed by  commifponers,  at 

the  place  fixed  jar  letting  the  ceurt-houfc  of  faid  county,  and  Jar  other  purpofes  therein  mentioned' 
TT /HEREAb  one  hundred  acies  of  land,  at  the  place  fixed  for  fetting  the  court- houfe  of  Franklin  county,  hath 
V  V  been  purchafed  agreahle  to  ad  of  Ailembiy,  palled  at  Halifax  the  twelfth  day  of  February,  one  tnonlard  feven 
hundred  an'i  feventy  nin?,  intituled,  an a6i  for  dividing  Bute  county  into  two  difiincl  counties,  and  far  other  purpofes 
therein  mentioned*  ;  and  reprelentation  L;ein'T  made  to  this  Ailembiy,  that  the  inhabitants  of  faid  county,  believe  it 
would  he  greatly  ti  their  advantage,  as  alio  to  the  benefit  of  traders  and  artificers,  to  have  a  town  laid  off  and  ella» 
blilhed  by  Ian  on  the  aforefaid  land  :      "1,    17)9,   19,  373. 

II.  Be  Jt  therefore  esaflt  J  j  by  the  General  Ajjcmb'ty  of the  Stcte  of  North-  Carolina,  and  it  is  hereby  enacled,  by  thi 
authority  of  thefaim  ,  th;;ta  town  be  eftablifhi  ii  on  the  laid  land,  by  'he-  name  of  Ltwifcurg,  and  that  Ofbsrn  Jeff)  eyst 
Hittiam  Green,  William  Hill,  William  Brickell,  and  JihnHunt,  be.  .nd  are  hereby  appointed  and  conltituted  comin  f« 
(toners  a1  d  irul'.ees,  for  laying  <  ut  ard  directing  the  building  and  .  frying  on  the  laid  town  :  and  the  laid  commifnan,- 
ftis,  or  a  majority  of  them,  are  hereby  author  zi  d  jr.d  required,  immediately  alter  the  palling. if  this  act,  to  let  apart 
a  lot  of  ground,  convenient  and  f'uffijient  tor  thi  coutt-hou'e,  prilOn  and  flocks,  ard  alio  lay  out  one  hundred  ocher 
,c*.s,  each  lot  tc.cct.tain  out  half  acre,  with  couveuieni  itrtets  »i.q  lour,res;atidii.e  o\cid!us  cj  lai-d(if  any)  .t  0  remain  M 


95 

e  common  for  the  ufe  of  faifl  town-,  u-itl!  by  law  it  (hall  be  appropriated  to  ether  ure<;  ;  and  tji  t  'hi*  raid  c<  mm  ffii  »£ 
cr;,  or  a  majority  of  them,  (hail  have  full  power,  and  are  hereby  required  to  make,  or  caufe  o  be'in  d  a.ari-lii 
of  laid  town,  and  number  each  lot  therein,  and  take  fubfcriptions  for  fkid  lots  of  fuch  perfbns  as  fh  II  b<  wiHini  :o 
lubferibe  for  the  fame  ;  and  when  the  whole  number  of  lots/ball  be  lublcribeci  for,  the  faid  conimiffioners  (lia!l  ap- 
point a  day,  and  give  public  r.o:ice  thereof,  for  drawing  laid  lots,  which  ihall  be  done  in  a  fair  and  open  manner  by 
the  direction  and  infpection  cf  a  majority  of  laid  commilfioners,  and  each  fubferiber  fhall  be  n. titled  to  the  lot  oHots 
drawn  for  him,  and  correfponding  with  the  number  contained  in  the  plan  of  'aid  town  :  and  the  faid  conimiffioners 
or  a  majority  ef  them,  are  heieby  impowered  to  grant  good  and  fufficient  titles  in  tee  firr  pie  for  laid  lot.;,  at  the 
colt  ol  the  fubferiber:.  P-rtmded neverthekfc,  that  every  grantee,  his  heirs  or  afh'gus,  ot  any  lot  in  the  lak  town 
foconve>ed,  fhall  within  four  years  next  -iter  the  conveyance  erect,  build  and  finith,  on  the  laid  lot  cne  brick* 
ftone,  or  well  framed  he-ufe,  not  lefs  than  lixtecn  »eet  iquare,  and  at  lead  ten  feet  pitch,  with  a  brick  cr  Clone  chim- 
ney, or  in  proportion  to  fucii  dimenfio.is,  if  any  grantee  ihall  hold  two  or  more  lots  adjacent  j  and  it  the  owner  of  a- 
ny  lot  or  lots  fliall  fail  to  bu.ld  and  fin  fh  tnereon  a  honle  or  houies  as  before  dcfcr.bed.  then  (uch  lot  or  lots  fhall  be 
forfeited;  and  the  aforefaid  coininiilioners,  or  a  majority -of  them,  are  hereby  authorized  to  fell,  on  public  notice 
firft  given,  !uch  lot  or  lots  to  the  tfigheii  bidder,  under  the  hke  regulations  as  the  lame  was  before  granted,  and  the 
money  ariling  from  fuch  fale  to  be  applied  l.y  the  truft<  es,  or  a  majority  of  them,  for  the  benefit  and  improvement  of 
faid  town.     P.rwided,  thajt  no  one  pcrlon  ihall  be  per  nitted  to  fubfefibe  for  mere  than  iixlots  for  his  own  ufe. 

III.  Andheit further  iHaSied,  by  the  authority  afort faid,  tha:  each  relpective  fubicriber  for  any  lot  in  faid  town 
fliall  at  the  lublcribing  pay  forty  dollars  tor  each  and  e\  ery  lot  into  the  hands  of  laid  coramiffioners,  or  any  one  of 
them,  as  they  fliall  appoint,  v\ho,  atter  deducting  fuch  part  of -thole  monies  as  the  county  court  (hall  adjudoe  a  rea- 
fohable  coinpenl'ation  tor  their  trouble,  are  hereby  direded  and  required,  within  three  months  after  the  lots  are 
dra  f.  n  for,  to  piy  the  remainder  of  ail  the  laid  monies  into  the  h  iikI  .  .  f  thofe  commrUipners,  who,  in  obedience  to 
the  act  of  AiTembly  before  mentioned,  did  purchase  (he  afon  laid  land,  and  contract  with  woi  kmen  to  build  a  court- 
hojufe,  prifon  and  itocks,  thereon;  which  laid  monies  the  la  ft  mentioned  commilfioners  ihall  appropriate  towards  dif- 
cl  arging  the  colt  of  ,h-  aforelaid  land  and  buildings,  and  fhall  account  with  the  court  of  laid  county  for  the  expendi- 
lure  of  trie  lame. 

IV.  And  be  it  further  enccled.  by  the  ndl'.r'ily  cf.refcitl,  fhat  in  caf«  ofrefefal,  re. :  th,  or  removal  out  cf  the  coun- 
ty, of  any  of  the  commilfioners  appointed  by  tins  or  the  afore  mentioned  aft,  the  furvivors  of  them,  are  hereby  im- 
povcred  and  required  to  appoint,  from  time  to  time,  by  inftruments  in  writing,  under  their  hands' and  feals,  fome. 
other  perlcn  or  perlons,  in  the  place  of  him  or  them  to  refilling,  (tying  or  removing,  which  (aid  it  ftrument  ihall  be 
record  d  in  the  coui  t  ci 'aidcomry  ;  and  the  hew  commiffioner  or  commmiffioncrs  fo  appointed  Ihall  have  the  like 
power  and  authority,  in  ail  matters  and  things,  as  if  him  or  them  nad  been  expreifly  named  and  appointed  by  this  or 
the  atore  mentioned  aft,  any  thing  to  the  contrary  not.viihltanding. 


Chap.  XXXII.   An  acl  to  confirm  the  titles  of  lands  to  fundry  of  the  inhabitants  of  D.iplin  county. 
I.   TT7HEREAS  fur  dry  of  the  inhabitants  within  the  county  of  Duplin  have   iettled  upon  a  certain  iraft  of  land  in 
VV   the  faid  county,  and  have  for  twenty  years  pait  obtained  patents  for  the  fame  :  and   whereas  a    claim  bath 
been  let  up  for  part  of  laid  land  by  a  certain  Thomas  Chrijiie,  ot  the  -kingdom  of  Ireland,  and   thereby  faid  lands  mar 
he  confidered  to  come  within  the  meaning  of  the  confiscation  aft,  to  the  great  prejudice  of  the  owners  tlei^of  • 

II.  Beit  therefore  enacledby  the  General  /iffembiy  of  the  state  cfNopth  Carolina,  and  it  is  hereby  enacledby  the  au- 
thority of  the  fame ,  that  ail  fuch  patents  that  have  been  granted  and  obtained  before  the  declaration  ol  independence 
by  the  Unked  States  Ihall  be,  and  are  hereby  declared  lo  be  good  and  valid,  to  all  intents  and  purpofes  ;  and  the  faid 
owners  and  proprietors  of  the  faid  patents  fh  ill  have,  hold,  ufe,  exercite  and  enjoy,  all  and  lingular  the  faid  land* 
contained  within  the  faid  patents,  in  as  full  and  ample  a  manner,  as  if  the  laid  land  had  never  been  claimed  by  faid 
Thomas  Chriftie  ;  any  law,  ufage  or  cuftom,  to  the  contrary,  notwiihftanding. 

Chap.  XXXIII.  An  acl  to  eftabVJb  a  town  in  the  county  o/Surry,  heretofore  laid  out  on  the  lards  of  John   Armftrong 

and  William  blieppard,  at  the  court-boufe  ef  laid  ccunty,  and  for  other  .purpofes. 
I.   VT7HEREAS  the  eitablilhment  of  a  town,  heretofore  laid  out  as  the  court-houfe  in  Surry  county,  aareeab'e  *o 
VV    a  plan  thereof  made  by  Colonel  Martin  Armfirong,  upon  the  lands  aforefaid,  would  be  very  beneficial  to  the 
weflern  inhabitants  of  this  ftate,  by  promo  ing  an  inland  trade  : 

II.  Be  it  therefore  enacled,  by  the  Central  Affembly  of  the  State  of North  Carolina,  and  it  is  hereby  encBed  by  the  au- 
thority of  the  fame,  that  one  hundred  acres  of  land,  the  property  of  faid  Armfir«n%  and  Sheppard,  be  laid  oiisndetta- 
blilhed  by  th;  name  of  Richmord,  and  tha;  Martin  Arm//rong,  Samuel  Cummings ,  'john  Snead,  Malcclm  Curry,  and 
J -ib  Martin,  from  and  after  the  palling  ot  this  aft,  be,  and  are  hereby  appointed  and  cerftituied  commiflioners  ard 
truftees  for  laying  out  ana*  building,  and  regulating  the  laid  ti  wn  ;  aid  i  hey,  era  majority  of  them  fo  ft, on  as  may 
be  alter  the  palling  of  this  act,  (hall  cau.e  the  laid  land  to  be  laid  cut  into  lets  of  me  hi  ndred  and  forly  Ictu  fquaie 
poles  each  with  conven  ient  fquares  and  itiects,  according  to  tl  e  plan  thereof  m;  de  heretofore  as  aforefaid,  at  d  fhall 
have  full  power  to  tomey  the  fame,  and  ^runt  atitle  to  the  laid  lots  in  ke  finiple,  toany  perfou  *ho   Lave  fcfen  <*■ 


9s 

ihal!  become  a  p'nxhafer  thereof,  upon  his  performing  the  reqaifites  in  this  'aft  herein  aftw  required  :  anS  every 
rr3ntee,  his  heirs  or  affigos,  of  any  lot  in  ttie  faid  wvii,  (hall  within  five  yews  ne:;t  after  the  date  of  the  conveyance 
of  the  lame  erect,  build  and  fi  lilh,  on  the  faid  lot,  one  br  rk,  ftoue,  or  well  tra.nsd  houle  of  the  d  menfions  of  twen- 
ty feet  lorta-  and  li.cteen  feet  wide,  and  ten  feet  pitch  in  t  le  clear  at  lealt,  with  o  le  good  br  ick  or  (tone  chimney  ;  and  if 
the  owner  of  any  lotlhiH  fail  to  comply  wiih  the  directiju-i  uereiu  prelcnoed  tur.fintlaing  a  houle  inereon,  then  fuch 
lot  upon  which  tucii  houl'e  lhall  pot  be  built  and  fioiihcd  as  aforefaid,  lhall  be  vetted  in  the  laid  iO  Bmiflieners  or  trul. 
tees  an:l  they,  or  a  majority  of  tuem,  lhall,  and  are  hereby  autlionzed  to  ieli,  <>n  puolic  »sotice  firit  given,  ft.v:h  lot  to 
the  higheft  bidder,  to  whom  lhail  be  granted  and  conveyed  Inch  lot,  under  the  like  regulations  and  relirii'tions  as  the 
fame  was  before  granted  ;  and  the  money  arifi  ig  from  iuch  (ale  lhall  ue  applied  oy  the  truftees  aforefaid,  or  a  majori- 
ty of  them,  for  the  benefit  and  improvement  of  tiie  (aid  to.vn. 

III.  A  ad  be  H farther  enxtledy  t  \A  each  reipe  :t  ve  pjrcha  er  of  any  lot  in  the  (aid  to.vn  (hall,  previous  to  the  re- 
ceiving of  any  grant  for  auv  lot 'x/  t-iem  purchased,  pa/  int  i  the  nands  o.'  the  proprietors  of  laid  land  i!ie  fun  of 
twenty  ppiinds,  at  the  tiine  tuai  cue  fud  pr  iprietor  fl»a.ll  relinqajlh  his  title  to  the  tame,  and  alio  twenty  fhittihgs  per 
lot  to  the  Cud  coinmillbners,  for  delta  ing  13  cqiu-iiigeAt  char®*  for  their  laying  oil"  laid  town  according  to  this 
ad. 

IV.  A-id  be  it  further  enccld,  b,V  the  authority <  aj "or $ftud,  that  in  cafe  of  the  death,  refufal  to  act,  or  removal  out 
cf  the  fa  d  county  of  any  ol  the  com.  i;Ii:>  i-ii,  the  nm  iv:ng  com  i>. (doners,  and  crjuftees,  or  a  majority  of  rbem, 
lhall,  and  are  hereby  impowi  red  u)  ippuins  Iron  time  to  n  nc,  b,  inttru.iieiu  m  writing  under  their  hand*  and 
feats,  ionie  other,  perfon,  teing  a  freqh  ildr.r  hi  the  !  .id  towa  a,.d  comityi,  in  the  place  o:  him  to  refuiii  g  10  act,  dy- 
ing; or  re  noviug  oat  pf  t  te  '  no  con ■■.■  ',  Which  faid  loLkrument  of  xsriting  fh  .1:  be  recorded  in  the  county  court,  and 
yegiftered  in  toe  reg  Iters  i  ffi-e  ;  whjch  new  Druftee  lb  appointed,  lhall  thenceforth  have  the  like  power  and  authori- 
ty in  all  matters  and  thing;  herein  contained,   as  if  he  had  been  exprellly  mentioned  in  thi  aft. 

V.  And  be  it  f  trther  enaile  ',  by  the  an  oority  aforefaid,  that  all  and  every  perfon  or  perfon?  who  have  heretofore 
purcha;ed  any  lot  or  lots  in  the  1  [id  town  from  ihe  laid  John  Arwtfinmg  and  William  S»eppard,  and  h  n  e  paid  for  the 
fame,  or  their  h.  r.or  alljgnSj  *;i:'l  be  entitled  to  receive,  and  to  obtain  Iroai  tne  codiindiiauers  aiurelaid,  a  deed  for 
f  jch  lot  or  lots,  in  preler  nee  of  allperfons  wha.lbever. 

VI.  Obhkte. 

VII.  And  be  it  further  emit!  d,  by.  the  authority  afire/aid,  that  a'l  and  every  1 3:  which  comes  within  the  purview 
and  meaning  of  tins  act,  is  hereby  repealed,  a  id  in  ide  null  and  void,  to  all  inients  and  parpofes. 

Chap.  XXXV.  An  ail  for  ereiling  a  town  on  the  lands  of  Thomas  Hunter,  at  Squha  ■■  ,kv,  in  Martin  county. 
1,  VT7HERE.AS  it  hath  been  reprefented  to  this  Affsmbly  that  thelind  of  ThamiiS  Hunter,  on  the  fiu-.h  fide  of 
VV  Roanoke  river  known  by  tne  name  of  Sguhawky,  in  Martin  count),  is  a  healthy,  pleat  ant  Gtuation  and  very 
conveniently  fituated  for  trade  and  commerce,  and  the  (aid  V homas  Hunter  ha  ing  fignifieti  hi  content  to  have  feven- 
ty  eight  acres  ot  the  faid  land  laid  off  for  a  town,  which  will  greatly  promote  the  i.  ade  and  navigation  of  the  faid  ri- 
ver. 

II.  Be  it  enaBed  by  the  General  Affembly  of  the  State  of  North  Carolina,  an!  it  is  her.  by  enaSi  d  by  the  authority  of 
the  fane,  that  the  faid  feveuty  eight  acres  of  land.,  beginning  at  the  north  tide  ol  a  branch,  thence  running  north, 
fifty  nine  decrees  weft,  eighty  (even  poles,  to  a  ftake,  thence  north,  fi'ty  five  degrees  ealt,  one  hundred  and  eighty 
poles,  to  a  ted  oak,  then  iouth,  fitly  degrees  eaft,  thirty  eight  poles,  into  the  aforefaid  branch,  then  opthe  various 
courles  of  the  laid  branch  to  t.'ielirlt  ftation,  laid  olfm  lots  and  ftreets  according  to  a  plan  before  ihis  Affembly,  be 
and  the  fame  is  hereby  conftittned  and    eftabhflied  a    town,    and  (hall  be  called  by  the  name- of  Nrilltamftowtt. 

III.  And  be  it  further  ensiled,  by  the  authority  aforefaid,  that  from  and  aher  the  palling  ot  this  aft,  Samuel  H'illiams, 
Thomas  Hunter,  Samuel  Smith-wick,  iViUiam  Slade,  Edward  Sauthwici,  and  John  Crifin,  geutkmen,  be,  and  every 
of  them,  are  hereby  confirmed  conmilhoncrs  and  iruftees  for  defigning,  building  and  carrying  on  the  faid  town, 
and  they  lhall  uar.dfeiz.ed  in  an  indefeafiblc  eftate,  in  fee  fimple,  in  the  laid  feveuty  eight  acres  of  land  as  aforefaid, 
to  and  for  the  ufes,  intents  and  parpofes,  hereby  declared  ;  and  the  faid  commiffioners,  or  any  three  of  them,  lhall 
have  full  power  and  authority  to  meet  as  often  as  they  (hall  think  necelfary,  to  appoint  a  public  quay  on  Roanoke  river, 
ndjoinmj  the  laid  toA-n  for  a  public  lindmg,  as  they  lhall  think  convenient  and  neueflary.  Aid  whereas  lubfcripii. 
ons  have  been  made  tor  the  greatest  part  ol  the  lots  in  the  (aid  town. 

IV.  Be  it  enacledy  by  tne  authority,  ahrefa'd,  that  the  faid  commilfioners,  or  a  majority  of  them,  fliafl  appoint  a 
time,  and  -ive  public  notice  thereof,  for  meeting  the  fublcrioers  on  the  laid  land  for  de  erinming  the  property  of  each 
particular  lot,  w  ich  shall  oe  d-awnby  ballot,  in  a  fair  manner,  by  direction  and  in  the  prelence  of  a  majority  of  the 
faid  com  n  (Boners  it  leaft,  and  each  fubferibtr  lhall  be  entitled  ro  the  lot  or  lots  which  lhall  happen  to  he  drawn  for 
him  a  id  ccrrefpinJ  with  the  number  c  mtatned  in  the  aforelaid  plan  of  the  faid  town  :  and  the  laid  commiifioners,  or 
amajoiity  of  them,  iliall  in  ike  a  id  ex-cute  deeds  fcr  the  granting  and  conveying  the  faid  lots  contained  in  the  laid 
town  to  the  reljiective  lublcribers,  for  the  lame,  their  heirs  and  alligns  for  ever,  and alfo  to  all  and  every  other  per- 
fon and  perlons  who  (hall  ptirchale  any  oi  her  lot  or  lots  in  the  (aid  town,  at  the  proper  colt  and  charges  of  the  faid 
grantee  or  grantees  to  whom  the  fame  lhall  be  conveyed  •  and  any  perfon  claiming  any  lot  or  lots  in  the  laid  town  by 
virtue  of  iiicu  conveyance,  (hall  and  may  hold  and  enjoy  the  lame  in  fee  fimple. 


97 

V.  Provided  ntverthtlefs,  t'lat  the  print??  or  grantees  of  any  lot  or  lots  in  the  faid  town  To  conveyed,  fhall  within 
five  years  next  after  the  date  of  the  con /a,  a-.ice  for  the  fains,  erect,  build  and  finiih,  on  each  lot  !o  conveyed,  one 
well  framed  or  brick  houie,  fourteen  feet  fquare  at  the  lealt,  and  ten  feet  pitch  in  the  clear,  or  proportionable  to  fucli 
diraenlions;  n  fuch  grantee  or  grantees  fhall  have  two  or  more  lots  contiguous,  or  Hull  make  any  other  improvement 
on  tne  faid  lot  or  lots  which  cite  lajd  commiliioners  (hall  judge  equivalent  thereto  :  and  if  the  owner  of  any  lot  or  lots 
in  the  faid  town  fha'l  fail  to  purfue  the  directions  by  this  acf  prefcribed  for  building  and  fini  filing  a  houfe,  or  making 
fome  other  improvement  thereon,  as  aforefaid,  then  fuch  lot  or  lots  upon  vhich  fuch  houfe  fnall  not  be  built  and  fi- 
nifhed,  cr  fuch  improvement  not  made,  ihall  be  re-vefted  in  the  laid  commitnoners,  and  the  faid  coinmiifioners  or  the 
majority  ot  them  may,  and  are  hereby  impowered  and  authorized,  to  fell  fuch  lot  for  the  belt  price  that  mav  be  had 
to  any  other  pcrfonor  per.br.  s  applying  for  the  fame,  in  fuch  manner,  and  under  fuch  reitrictions,  at  they  could  or 
nvght  hive  done,  if  fuch  lot  had  not  before  been  ibid  or  granted. 

VI.  And  be  it  further  enabled,  by  the  authority  aforef.id,  thai  the  refpective  fubferibers  for  the  faid  lots  fhall  with- 
in three  mouths  after  it  fell  oe  ai'cercained  to  whom  each  of  tlie  faid  lots  doth  bslo-g,  in  manner  herein  before  men- 
tioned, pay  and  fatisfy  to  the  faid  commiliioners  the  fum  of  forty  pounds  for  each  lot  by  them  fubfenbed  for  ;  and  in 
cafe  of  the  refufal  or  neglect  of  any  {ubferiber  to  pay  the  faid  fu  n,  the  laid  comtnifiioners  fhall  and  may  commence  a 
fuit  for  the  fame,  in  their  o.vn  names,  and  therein  Ihall  recover  judgment,  with  colts. 

VII.  And  be  it  further  ena fled,  that  all  monies  that  fhall  arife  from  cr  by  the  difpofal  of  fuch  lotas  may  not  be 
built  on  or  improved  agreeable  to  the  directions  of  this  act,  within  the  time  therein  limited  for  that  purpofe,  fhall  be 
paid  to  the  faid  commilfioner s,  or  their  fucceffors,  and  by  them  applied  to  the  ule  of  the  laid  town,  for  clearing  the 
ftreets,  erecting  fuch  public  buddings,  or  nuking  fuch  other  improvements  in  the  faid  town,  as  the  faid  commiliioners, 
or  a  majority  of  them  II, all  think  necelTary. 

VIII.  And  for  continuing  ihe  fucceTion  of  the  faid  co-.mifiioners,  he  it  erraclcd,  that  in  cafe  of  death,  refural  to  a& 
or  removal  out  of  the  country,  ot  uiy  of  the  laid  co  rami .Turners,  tne  furviving  or  other  commiliioners,  or  the  majori- 
ty of  them;  Ihall  .dlemble,  and  fhall  from  ti'.ie  to  time,  by  an  instrument  in  writing  under  their  refpective  hands  and 
feata,  nominate  fome  other  perfon,  being  an  inhabitant  or  jreenolder  of  the  faid  town,  in  the  place  of  him  fo  djing, 
refuting  to  act,  or  removing  out  ot  the  couivry  ;  which  new  commilfioner  lo  nominated  and  appointed,  fhall  fro» 
thenceforth  have  t'as  la  n;  power  and  jiithority  in  ali  things  concerning  the  matters  herein  contained,  as  if  he  had 
been  expreidy  nominated  and  appointed  by  this  act. 


C.iAP.  XXXVI.  An  J  ^  'i  '-ft.t'l'jj  anilay  out  a  town  in  Washington  county. 
I.  IT  7HSRE  AS  one  hundred  acres  of  la  id  at  tne  place  fixed  fur  erecting  the  courthouse  and  public  buildinps  of 
VV  IV, xjhington  county  harh  a'rea  !/  o?.Jti  p-ircnaUd  by  .ne  cominifliouers  appointed  by  law  to  affix  the  court- 
houfe  uiJV'fhington  coui.'y  for  the  ptv  pole  of  tj  ett  nj;  a  town  tnereon,  and  reprefentation  being  made  to  this  prelenc 
General  Afl'cmbly  that  iIil-  inhabit  mts  of  laid  con;  y  would  be  greatly  benefited  thereby,  alio  to  traders  and  artificers 
to  have  a  town  laid  off  and  eibihilKd  by  la»v  on  far    'and: 

If.  B  it  therefore  e.uicl  d,  by  t&e.Gyierdl  jijjet.  iy  of  the  State  of  North  Carolina,  and it  is  hereby  enafled  by  the 
authority  of  the  U-.me,  tiiat  a  town  be  eitablrhetJ  on  the  land  parchafed  for  tne  ufe  of  the  county  of  Wifnngton  by  the 
name  oi  jfoiie/boroughj  and  that  Johu'Waodf,  Jejfe  fPa/t&x,  George  Riff  J,  J^inej  Stewart  and  Benjamin  Clark,  be  com- 
aniflioners  to  lay  out  and  direct  the  buifdi  >o'.  of  the  fa.  J  town  of  Jon sfbo rough  ;  and  that  the  commiliioners,  or  a  majo- 
rity of  tbem,  as  foon  as  may  be  after  the  palling  or  this  act,  do  let  apart  a  let  of  ground  convenient  and  lufficient  for 
the  public  buildings  in  la:d  town,  and  ailfo  lay  out  fifty  other  lots  to  contain  one  acre  each,  with  convenient  Iquares 
and  ftreets,  and  the  overpusof  laid  land,  il  any,  to  remain  as  common  to  ihe  ufe  of  the  faid  town  until  it  fhall  by  lav/  be 
appropriated  toother  u'e  ,  and  that  the  faid  coainjifiioners ,  or  a  majority  of  them,  fliall  hare  full  power,  and  are 
hereby  required  to  make  or  c^ui'e  to  be  made,  a  fair  plan  or  laid  town,  and  nup.jber  the  lots,  ar.d  takelubfcrp'ions  for 
laid  lots  ot  fuch  perfons  as  may  be  willing  to  lubftribe  fcr  the  fame,  and  when  the  whole  number  of  Jots  Ihall  be  fub- 
fcnberl  for,  the  commiliioners  aforefaid  fhall  give  public  notice  and  appoint  a  day  for  drawing  lidd  lots,  which  Ihall  be 
done  by  bjilot  in  a  fair  and  open  manner  by  the  direction  and  inflection  of  a  majority  of  faid  comnvlfkners,  and 
each  liibfcr.ber  Ihall  be  entithd  to  the  lot  or  lots  drawn  for  him  correlponding  with  the  number  contained  in  the  plan 
of  fad  town,  and  the  fa'd  co'mmillior.ers,  or  a  majority  of  them  are  hereby  impowered  to  grant  good  and  lufficient 
titles  in  fee  iimple  for  the  laid  lots  at  the  colts  of  the  fubferibers.  Provided  ntverthelefs ,  every  grantee,  his  heirs  or 
aiiigns,  of  Jiiy  lot  in  the  faid  town  fo  conveyed,  fliall  within  three  year?  after  fuch  conveyance,  erect,  build  and  fi- 
niih, on  the  laid  lot,  one  brck,  ftone  or  well  framed  houle,  twenty  feet  long  and  Sixteen  leet  wide,  and  at  leaft  ten 
feet  in  the  pitch,  with  a  brick  or  (tone  chimney,  or  in  proponion  to  Inch  dimenfions  il  any  pcrfon  Ihall  hold  two  or 
more  lots  adjacent,  and  if  the  o  viier  of  any  lot  or  lets  Ihall  fail  to  build  and  finifh  thereof  as  Wefore  defcribed  then 
fuch  lot  or  lets  fliall  he  forfeited,  and  the  aforefaid  commiliioners,  or  a  majority  of  them  are  hereby  anthoiized  to 
Jell  (on  public  notice  firft  given)  fuch  lot  or  lots  to  the  higheft  bidder  under  the  Lke  regulations  as  the  lame  was  be- 
fore granted,  and  the  money  arifing  therefrom  fliall  be  applied  by  the  commifhoners,  or  a  majority  cf  them,  for  the 
benefit  and  improvement  of  faid  town. 

lil,  And  be  \l further  enafied,  by  the  authority  aforefaid,  that  each  refpe&ivc  fubferiber  for  any  lot  in  the  fiid  town. 

S  a 


5'        ! 

:...:.,  ;:;  I  ■:  fnbicrib  ng  .for  the.  fatil  JojtS,  pay  fetffinty  five  Cellars  for  each  and  every  lot  into  the  hamU  of  the  faid  com- 
miflioners,  brauy  c:e  pi  ..he  n  sil  ,-  []  a  appoint,  who  after  deducing  fuch  part  or  thefe  monies  as  the  court  Ih.dl 
adjudge  a  realisable  cotHpenfaron  (or  their  trouble,  are  hereby  directed  and  required  within  three  months,  after  the 
lots  are  drawn  icr,  to  pay  the  remainder  of  all  fard  monies  into  the  hands  cf  ihe  ai'orefaid  cemmiflioners,  who  fhall  ac- 
count with  their  relpechve  county  court,  who  lliall  apply  ail  the  aforelaid  money  towards  defraying  the- county  coa« 
tingent  tax. 

Chap.  XXX  VI  I.  An  t  cl  to  vefl  the  property  of a  bridge  lately  built  by  Samuel  Ruffin,  deceafed,  over  qrcatG  rent-Ccri* 

tentney  creek,  in  Etheldred  Kuffin,  his  heirs  or  afjigns  for  twenty  years. 
'•  \T7KEREAS  reprefentaticn  hath  been  mtde  to  the  General  Afiembly,  that  Samuel  Ri-ffn,  late  of  Edgcomb 
V  V  county,  deceafed,  did  at  a  considerable  expence,  erect  and  (inith  a  good  and  iubltantiai  bridge  acrofs  Content- 
r.ey  creek,  at  a  place  general!}-  known  by  the  name  of  Peacocks  bridge,  with  a  view  of  re  imbui  ling  hiinlelf  therefor 
by  receiving  the  then  accuftomed  toll  from  travellers  and  others,  which  an  act  of  the  General  Ailembly  fuice  palled, 
has  prevented  ;  much  to  the  injury  of  the  laid  Ruffin  ; 

II.  Be  it  therefore  entitled,  by  the  General  Affembly  of  the  State  of  North-  Carolina,  and  it  is  hereby  entitled,  by  the 
authority  of  the  fame,  that  flora  and  after  the  palling  cf  tb's  £<5t  it  fhall  ar.d  may  be  lawful  fcr  Eti.eii.rtd  Suffix  heir 
to  the  faid  Samuel,  his  heirs  or  afiigps,  to  receive  from  all  travellers  and  others  palling  the  laid  bridge,  the  refpeeturs 
funis  which  lhall  from  time  to  time  be  allowed  by  the  court  ol  Dobbs  for  travellers,  and  others  palling  ferries  in  laid 
county,  and  to  keep  a  gate  on  faid  br:uge.  Provided neverthtlejs ,  that  all  perfens,  carriages,  &c.  when  in  actual  mi- 
litary Service  of  this  or  the  United  States,  or  exprefies  fcr  the  fame,  (hall  pals  faid  bridge  toll  free,  fuch  perfens  mak- 
ing it  appear  to  the  owner  of  laid  bridge  they  are  in  the  lervice  above  mentioned. 

ill.  And t le  it  further  enacled,  by  the  authority  rf  the  jime,  iba't  during  the  tine  the  bridge  fhnll  be  kept 
up  and  in  repair,  fit  for  travellers  and  carriages  to  pals  and  repal>  the  fame,  it  lhall  net  be  lawful  for  any  perfen  v\  bat- 
foevcr  to  keep  any  ferry,  budd  any  bridge,  or  let  any  perfon  or  perform,  carriage  or  carriages,  cattle,  hogs  or  Sheep 
over  the  laid  creek  for  fee  or  reward,  within  live  miles  cf  laid  bridge  during  the  times  atorelaid,  under  the  penalty 
©f  two  pounds,  to  be  recovered  by  the  owner  of  laid  bridge,  before  any  jurisdiction  having  cognizance-  thereof,  and 
apphed  to  his  or  their  own  ale  during  the  laid  time  the  right  a.id  property  of  the  laid  bridge  is  hereby  invelled  in  the 
faid  Elthtldred 'Rujffin,  his  heirs  and  affigi    . 

IV.  Ar.d  be  it  further  etiacjed,  ihat  an  act  rf  the  General  Afiembly  prided  at  Newbern  the  fecond  day  of  May,  1778, 
mtiiled,  an  nEl  for  appoint m&  commifftoners  to  build  .1  bridge  acrofs  Conter.tney  creek,  and/or  other'  pur  po/es,  be  and 
the  fa-ne  is  hereby  repealed,  and  made  null  and  void. 

V.  Be  it  further  enacled,  that  the  laid  Elheldred  Ruffin,  his  heirs  or  afligns,  fhall  not  during  the  faid  time,  fall  or 
caufe  to  he  fallen  any  tree  m  the  ford  at  or  near  where  the  faid  bridge  now  Itands,  or  otherwife  ftop  or  obstruct,  the 
lame  fo  as  to  prevent  travellers  and  others  fording  the  creek  thereat,  under 'he  penalty  of  one  hundred  pounds  for 
each  and  tvery  oflence,  to  be  recovered  by  any  perlon  who  lhall  iue  for  the  lame,  before  any  jurisdiction  having  cog- 
nizance thereof,  and  applied  to  his  or  their  own  ufe, 

VI.  And  be  it  further  enacled,  that  this  act  (hall  continue  and  be  in  force  for  and  during  the  term  of  twenty  years, 
and  from  tbencc  to  the  end  of  the  next  fellion  of  Affembly,  and  no  longer. 


CrtA?.  XXXVIII.  An  acl for granting a  free  pardon  to  Charles  Shearing,  wji  under  fentence  of death. 
I.    \K  7HEIIEAS  Charles  Shearing,  lately  an  inhabitant  of  Chatham  county,   was  convicted  at  the  luperior   court    of 

V  V  ihe  diltridt  of  Hilljborougb,  in  Gclobcr  term  inttant,  for  lelonioully  Stealing  a  horie,  for  which  he  was  condemn- 
ed to  die  ;  and  whereas  full  and  Sufficient  teitimotiy  has  appeared  to  this  Affembly  that  the  laid  Charles  Shearing  has 
heretofore  behaved  himfelf  as  a  good  and  fai'hful  Subject,  and  a  recommendation  of  mercy  in  favour  of  the  faid 
Charles  Sheading  being  prjfenteuJ  to  this  Affembly  by  the  Jjdges  of  the  laid  fuperior  court  for  :he  district  of Hi'dfhorough  ; 

II.  Be  it  therefore  enacled,  by  the  General  A fembly  of  the  State  of  iNIorth-Carolina,  audit  is  hereby  enailea  by  the  au- 
thority of  the  fame,  that  the  faid  Charles  Shearing  be,  and  he  is  hereby  freely  and  fully  forever  pardoned  of  the  crime 
fcr  which  he  was  fo  convicted  and  Sentenced  to  die  ;  and  that  he  be  difcharged  from  all  further  confinement  touching 
the  faid  condemnation  on  paying  the  lawful  fees. 

CHAP.  XL.   An  act  to  prevent  the  flopping  the  fiflo  in  the  Uharie  river. 
I.   r'T/HEREAS  divers  perlons  inhabitants  near  the   laid    river  have    h  retofore    made  a  practice  of  Slopping  the 

V  V   fame  by  buildio  ;  wares,  dams  or  hedges,  with  defign  to  catch  fiih,  whereby  great  injury  is  done  to  the  good 


....  i   ■  ..res,  dans  or  hedges  aforefaid  :  for  remedv  whereof, 
if.   Be  it  ciui  cl>  d,  by  the  Q.  neral       '•  mbly  of  the  State  of  North-Cai  ciina,  and  it  is  hereby  enacled,  by  the  authority  of 


people  refideDt  above  fuc 

if.  Be'ilenahti,  by  t... 
the' /lime,  that  from  anil  after  tnepaffing  of  this  atir,  it  ill  11  riot  be  lawrul   for  any  perlon   tr  perlons   whatfoever    :p 
budd  or  erect,  or  caulc  to  b  ■  built  or.  erected,  or  keep,up  any   that  is  already  er;  dt<d,  any   v. .  re,  dam  prhedge,,  in 
ihefaid  river,   So  as  10  extend  ban  two  thirds  acrofsrhe  lame,  but   that  ail  ftoppages  maybe   io  made  in  the 

faid  rivei  as  to  leave  one  thircl  pai  t  open  and  free  for  tKc  pallige  of  fi.1t. 


99 

III.  And  vs  it  further  tna'ted,  by  the  authority  aforefaid,  that  any  perfou  orperfons  who  (In  1 1  oif.n.l  againft  this  a&, 
/hall  forfeit  and  pay  far  every  ibch  offence,  the  (bra  of  one  thoulimd  pounds,  to  be  recovered  by  j.f.o.i  of  debt  by  a- 
ny  perion  who  iliall  fue  for  the  fame  to  his,  her  or  their  own  proper  ufe. 

Chap-  "KLl.Anail  to  enable  John  Norwood,  furviving. executor  of  the  lafl  vjill  and  te/l 'anient  (/Henry  Bradley,  deceafed, 

to  fell  and  convey  the  lands  of  the  /aid  deceafed. 
j.  rtr  7HEREAS  Henry  Bradley,  deceafed,  (ot  Halifax county)  in  lire  year  one  thouPind  ftven  hundred  and  fixty 
V V  four,  cfiJ  appoint  John  Norwood  and  'Jennings  Hackney  executors  ot  his  la'il  will  and  ttitameiu.  and  did  inveft 
the  faid  executors  with  power  jointly  to  fell  and  convey  his  lands,  and  by  his  faid  wih  direct  the  manner  and  ufes,  to 
which  the  money  arifing  by  liicn  lale  fhould  be  appropriated  ;  and  whereas  Jennings  Hackney,  o;ie  of  th<;  laid  execu., 
tors  did  deceafe  before  the  afi.relaid  lands  vvtre  fold,  which  cirumittance  makes  it  doubtful  whether  the  ftirvi\iug 
execu'or  has  legal  power  to  leil  and  convey  the  aforeiaid  lands  j   therefore, 

II.  Be  it  enacted,  by  the  G.mral  Afjembly  of  the  State  oj  North-  Carolina,  and  it  is  hereby  cnacled  by  the  authority  of 
the  fame,  that  John  N orwaod,  fiirviving  executor  of  the kft  will  arid-te{tameni  of  Henry  Bradley,  dccealed,  be,  at.d  is 
hereby  authorized  and  impowcred  to  enter  upon,  fell  aid  convey,  the.  lands  of  tie  atorefaid  deceafed,  and  the  laid 
executor:  aftei  deducting  lb  much  of  the  money  arifing  by  lucn  lale  as  the  county  court  of  Halifax  (hail  adjudge  a  rea- 
fonabie  compenfaiion  for  his  difburfements,  (hall  pay  ana  appropriate  all  the  remainder  of  laid  money  to  iucii  ules  aa 
the  hit  will  and  teftament  of  the  aforeiaid  deceafed  doth  direct. 

IV  Year  of/he  Independence.     The  17th  of  April,   1780.     Firft  Sefiion. 

Chap.  XVIII.  An  acl  to  invefl  the  title  of  a  certain  trad  of  land  therein  mentioned  in  William  Houflon,  his  beiriand 

afjigns,  in  feejimple. 
jr,  TT  7HEREAS  it'riathbeen  made  appear  to  the  latisfaction  ot  the  Genera!  A flembly  that  Willium  Houflon,  purcha- 
VV  fed  of  Henry  M'CuUock,  ior  two  valuable  cor.lidt  rat'or.s,  a  tract  of  land  in  Duplin  county,  on  tbe'tortheaffc 
of  Cape- Fear  t\v ex,  containing  eight  hut.dred  and  forty  acres,  granted  to  the  faid  Hsnry  M'Cidhch  by  patent  bearing 
date  the  third  day  of  March,  Anno  Domini,  one  thoufand  ieven  hvndrcdand  forty  five,  and  Lcunc'eJ  as  follows; 
begin  ing  at  a  gum  on  the  eaft  branch  of  the  river  Cafe-Fur,  and  running  tin  nee  eall  fifty  one  chains  to  a  pine  bv  the 
Indian  branch,  then  fouth  twenty  degrees  weft  eighty  feven  chains  to  a  iightwuod,  then  fouth  ltventy  d_=orees"  eaft 
three  chains  to  a  pine,  then  ibulh  twenty  degrees  u  eit  iixty  Ieven  chains  to  a  large  pine  kS  a  gieat  meadow,  then 
fouth  iixry  degrees  weft  forty  chains  to  a  flake  by  the  laid  northeaft  branch  cf  Cope-Fear  river,  then  up  the  various 
ceurfes  of  faid  branch  to  the  rirft  ttation.  And  whereas  the  faid  IVilliam  HouJ/on  hath  actually  beer  in  quiet  and  peace- 
able polTeliion  of  theaforefaid  tract  of  land  ever  fince  the  year  1747,  without  any  legal  conveyance  from  the  laid  Hen. 
ry  P'i'Ctdhch,  and  the  fame  being  now  lubject  to  conlilcation,  to  the  great  injury  of  the  Md^WUltim  Houficn  i  for  re- 
medy  whereof, 

II.  Be  it  enacled,  by  the  General  JJembly  of  the  State  of  Forth-Carolina,  that  the  title  of  the  faid  tract  of  land  con- 
taining eight  hundred  and  forty  acres,  bounded  as  before  mentioned,  Oiali  be,  and  is  hereby  declared  to  be,  inverted 
in  the  laid  William  Houflon,  his  heirs  and  aifigns,  in  fee  (iniple. 


Chap.  XIX.  An  acl  fa -vrfling  and  confirming  in  Hannah  Reech,  widow  and  admin;  ft  ratrix of  the  late  reverend  James 
Reed,  deceafed,  the  ferfnai  effete  of  the  faid  James  Reed  in  her  own  right,  and  for  other  purpofes. 

T        W  TT  T  M  r  iJ  r<   1  v     ..t —  *.. 1     1 D*^J  /ll.wl    !.-.  ♦..!*_#_        1  i.r,.  ...      _.  i    ■  i  .j  _. .  __         _  .  1 1_       _i  r-  *  » 


vidow  •   and 


■whereas  the  whole  of  the  property  of  which  the  fud  James  Reed  died  pofleiled  of  was  acquired  bv  his  intermarriage 
with  bis  bow  widow  ;      9N.  C.  L.   1766,    3,  -223" 

.  II.  Be  it  therefore  enacled,  by  the  General  sJjfembly  of  the  State  of  North  Carolina,  and  it  ;'i  hereby  enacled  by  the  au. 
rity  of  the  fame  that  all  anil  eveiy  par  and  parcel  of  the  perh  nal  eitate  of  which  the  laid  f-ames  Reed  d.-ed  ieizedand 
poflefled,  be  and  remain  in  th;  faid  Hannah  Nad,  to  her-  lole  uie,   benefit  and  behoof,  for  ever.  The  re(i  Cbjolete, 

Chap.  XXL    An  ail  fr  prolo  tgi  g  the  true  for  faving  lots  in  the  town  ^/Smithfield,  in  Jchnfton  county. 
!•   \\]  HEREAS  from  the  gn  uaJCJSring.  nails,  and  other  neceflary  materials  for  building,  as  well  as 

V  V  iro;n  many  other  unavoidable  h.ndrar.ces,  it  has  been  jput  entirely  out  cf  the  power  of  he  pofleflors  of  lots  in 
the  town  of  Sunt, 'field,  in  Jthnjion  county,  to  comp'teat  their  buddings  on  their  refpectivt  lets  within  the  lime  limited 
bylaw; 


100 

II.  Beit  therefore  en.tcled  hy  fbs  General  iffemhly  of  the  State  e/r-Jorth-  Carolina,  and  it  is  hereby  enacled  by  the  au- 
thority of 'the  fume,  di.it  every  lot  in  the  faid  town,  on  which  a  lioiife  (hall  be  built  of  the  dirnenfions  mentioned  in  an 
aftof  AlTcni'hly,  intitled,  an  for  ejtabl}fi>ing  a  town  on  the  lands  of  John  Smith,  on  Netife  river,  in  Johnfton  ciur.ty' ', 
or  other  improvements  thereon,  which  (hall  be  deemed  by  the  directors  or  coajiniffioners  of  faid  town  equal  thereto, 
within  the  ipace  of  three  years  after  the  palling  of  this  act,  ihall  and  is  hereby  declared  to  bevelled  in  the  grantee 
thereof,  his  heirs  andaingns,  in  fee-iimple  ;  any  thing  in  the  laid  aft  contained  to  t;ie  contrary  notwithstanding,  "p.  73. 


Ckap.  XXII.  An  ad?  tovefl  the  title  of a  certain  lot  therein  mentioned  in  William  Courtney,  Efquire. 
I.  \T  WHEREAS  it  hath  been  made  appear,"  to  .the  fatisfaftion  of  the  General  Ailembly,  that  William  Courtney,  Ef« 
W  quire,  of  the  town  of  Hill  (borough,  is  juftiy  intitled  to  a  certain  lot  in  the  town  a  fore  faid,  commonly  known 
by  the  name  of  the  ftillhouie  lot,  number  45,  She  lame  being  a  lot  late  the  property  ol  Young,  Aliller,  and  company  ; 
and  the  faid  Young,  IMilltr,  and  company,  who  owed  allegiance  to  this  Irate,  having  departed  the  fame,  and  joined 
the  enemies  of  the  United  States,  whereby  their  property  hath  by  the  laws  of  this  lUte  become  forfeited  to  the  lame  ; 
and  it  being  realonabte  that  the  fa>d  lot  fho'.ild  be  protected  from  confilcation,  and  feenred  to  the  laid  William  Courtney  ; 
II.  Be  it  therefore  enacled,  by  the  Genera!  Affembiy  of  the  State  of  North  Carolina,  and  it  is  hereby  enabled  by  the  au- 
thority of  the  fame,  that  Jcfhua  Potts,  John  Ray,  and  James  Carrington,  commillioiiers  for  felling  the  coniiicated 
property  in  the  county  of  Orange,  or  any  two  of  them,  be,  and  they  are  hereby  impowerecl  and  required  to  execute 
unto  the  ("aid  William  Courtney,  his  heirs  or  afligns,  a  good  and  fuflicient  deed  of  conveyance  for  the  fame,  he  the  (aid 
Courtney  paying  into  their  hands  the  balance  whicl  may  appear  to  be  due  on  the  faid  contract  ;  which  proceedings, 
when  had  3iid  done,  fhall  be  deemed  fufricient  in  law  to  veil  in  him,  his  heirs  and  aifigns,  all  the  rigi.t  and  title 
•which  this  ft.ue  hath,  or  may  have  acquired,  in  and  to  the  fame,  by  couhTcation,  forleitur'v.  or  urherwile  ;  any  law 
to  the  contrary  notwithstanding. 


VI  Year  of  the  Independence.     The  Thirteenth  of  April,   1/82.     Firil  Setfion. 


Chap.  XXI.   An  aft  for  diviairg  the  Ilowan  regiment  of  militia  into  two  feparats  and  d-flinc~t  regiments. 
!•   "VS/HEKEAS  the  great  extent  of  faid  county  and  the  uncentrical  (i  uanon  of  the    court" houli.-,   renders   it  very 
_*  *     inconvenient  for  the  militia  of  the  weft  end  of  laid  county  to  attend  court  martials  and  other  miliary  duties 
at  faid  court  houle  ;   for  remedy  whereof, 

II.  Be  it  therefore  enabled  by  the  General  Affembly  of  the  State  of  [Nor tli  Caroiii.a,  and  it  is  hereby  enaftedhy  the.aum 
ihoriiy  of  the  fame,  that  from  and  after  the  pilling  o!  t  is  aft,  the  companies  of  t  ie  following  captains,  to  wit,  cap. 
tains  Davidfon,  Cowan,  Crawford,  Caidvell,  Pttrviimce,  Graham  on  Hunting  creek,  Nichols  and  Sharp?,  as  they  now 
Hand,  mall  be  a  feparate  and  diitinft  regiment  known  uy  the  name  of  the  Rowan  iecvmi  regiment  of  militia. 

III.  Aid belt  further  enafted,  by-  the  authority  aforefaid,  tint  laid  regiment,  from  and  alter  the  palf.ng  of  this  ad,. 
/bail  hare,  exercife,  and  enjoy  all  the  powers  and  authorities  that  any  other  feparate  and  d-ftinct  regiment  in  mis. 
Hate  does  exercn'e  and  enjoy,  any  law  to  the  contrary  notwithstanding. 

IV.  And  be  it  further  ena&id,  hy  the  authority  cforejuid,  that  the  place  for  holding  general  mufters  for  faid  regiment 
ihall  be  at  the  plantation  lately  occupied  by  Chriflopher  Irwin. 

V.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  nothing  contained  in  this  act  fhajl  be  confidered  or 
deemed  delcripcive  of,  or  influence  any  determination  refpsfting  the  boundaries  of  a  new  county,  if  at  a  fuurc  peri? 
odfuch  new  county  (hould  be  moved  lor. 


Chap.  XXIII.  An  at!  for  regulating  the  town  ofEdea'on. 
I.    ^7[7FEflEAS  it  is  the  interett  of  every  (bate  to  regulate  the  police  of  its  lea-pore  towns,  and  encourage    their 
*  »     trade,  and  whereas  the  laws  hitherto  palled  for  regulating  the  town  of  Rdenivi  have  proved  very  defeftive, 
and  the  method  in  ue  of  appointing  commilhonerslor  the  town  is  inconfifienE  with  the  ipuic  of  our  prefenc  conftiui- 
tion  ; 

II.  Be  it  then  fore  enscled,  hy  the  General  Affembly  of  the  State  of North-Carolina,  anditis  hereby  enacled  by  the  a:;*. 
thority  of  the  fame,  that  five  commilhoners  for  the  ww  n  of  Edenton  fh-ill  be  chofen  annually  on  the  firit  Monday  iu  July 
of  every  year,  in  tne  prefence  of  the  iheriff,  or  any  two  Juftices  of  the  Peace,  for  the  counry  of  Chowan,  and  every 
fieeholder  who  is  refident  in  the  faid  town,  and  every  free  man  who  has  relieved  there  for  twelve  months,  and  paid 
public  tastes,  (ball  be  qualified  to  vole  for  fuch  commi!Tioners,  which  commillicners  when  chofen,  Ihall  have  all  the 
powers,  and  be  poflelled  of  all  the  rights  and  authorities,  in  refp  ft  to  titles  ro  public  lots,  or  otherwile,  which  any 
former  commillioiiers  had,  and  were  pofi'eiFed  of,  fo  far, as  is  confident  with  the  purview  of  this  aft,  any  former  aft, 
cuftoni  or  law  to  the  contrary,  notwithftandinrr, 

III.  And  be  it  further  enacted,  by  the  authority  aforsfahf  that  the  faid  comtn'ffioners  may  furround  the  town  with  a 
ditch  or. fence,  erecting  prpper  gates  on  the  highways,  they  Hull  keep  the  public  Streets  and  bridges  in  good  repair,. 


TOT 
they  [hi!!  cam  i  a  pub'  c  mi  ket  hoflfe  to%!  ereSed  in  fome  convenient  p!ace  ia  thd  town,  and  a  pirbl  '.  i,-f  to  b-  e 
riU^lor  tie  ftrect  or  public  lor.  . 

IV.   Xnibe  U  fw  ther  en     -  d,  by  the  ,  ttthority  afore/hid,   that  the  fatd  com  niffionefr'i  may  let  cue  s  or  the 

bay  i  v  vnanted'fon^ulTiic  uie,  or  buildings,  oa  leale,  for  any  terra  not  e: 

ihfti  tffe  of  the  town. 

forefaid,    that  tbcfitd  commHBonf'rs  fli.ill  enj 

p.  :    .5  1*1]  ':.'      gtS        I       ijv    Ml  I 

;  -'i  i  -;    :  '        ■      ■        '  ■  "      .. 

'..'    a  '!;•':      '.  | 

:  '     ..  .: 

of  J:  -..'.:  ime  to   be  >.'.    .     |     .- 

other  ftock,   to   j  le  conimofip,  ■  I  ■, 

:  leer's;  no  pcr'orf  lhali 

,  .  .  ,■  ii  \o  as  to  <  .  . '    ■  ■.  , 

I  .■her  laws  for  n  giila  ,,  ,.,,,. 

e  I  ess        I  recovers  d before  av.        dtl       if  tb 

pa  fair  and    i  emphat    ret  -  d  of   the  r  proi 
monies  in  the    landvof  die  tjsa(ijtfer  of  fatduoifrn,  rhchiunias 
tn  his  leryfcetfc 
VIf-  /,    that  tie   commrftioher's  for  the   I  For  tfiC 

time  I  oe,  and  in  all  tl  i  ig:  act,   as  a  body  corporate,   that  they  ;  iay  hi  p:e-d  ov  be    im  I   d 

lg  an  ...las.  a-add;  :.;iy  perlott  whatsoever  for  any  injury  di  l  :  to  :.ny  pul  ,    rovvn     ii'i 

the  lame  manner  as  any  private  perfen  might  do  lor  any  injury  done  io  nay  private  property,  and  th<  on  of 

the  annual  election  fliall  not  be  confjdered  to  diflblve  the  body  cor;  orate,   to  as  to  abate  any  a<  .-,  -n/ 

court  v\  herein  the  fahl  body  corporate.^  apnt^,  butthen^w  comwuljaijeps  fftall   in  every  relpect,  and   tosll  in/ent 
and  pWpofes,   (ac.pt  as  to  any  refporfibiljiy  fi  r  nnj  abule^cf  ofTue)   be  conftdered  en  the  f.aW  .;■  ti 
in*the  place'  of  their  predeceilcrs,   and  tm  jofkyof  the     corftiwiflionci's    fliali    be  held    IrfEcjeiil  re   -  cm  any 

buiinefs.     Provided,  chst  no  tittering  Of  the  commiifroners-be he  IdV.t^  decide upon  a  iiceot 

the  intended  meeting,  Ggncd  by  61  e  of  the  c&nrtnHItoners,   (hall  have  been  leitat  the  dwelling  houle  oi  each  cohth  f. 
Softer,  at  leafi  twenty  tour  houra  bi  fore  the  faia  meeting.' 

VIII.   /hid  he  it  further  enacted,  by  the  authority  ufo-t/liid,  that  the  fait!  comrniffioriers  may  \e\y  ov  every  lot  n  the 
town  of  Edenton,  a  tax  not  exceeding  ten  drillings  I'pecieper  am.  and  they  may  lay  a  tax  net   exceeding  ten  fhiltin<TS 
•.  on  every  freeman  who  has  been  refident  in  the  fafd  town  for  fix  tr.oni.hs ;   and   in  cafe  anv  p 
II  afl  refufe  to  pay  the  tame  during  t'vety  days  after  notice  of  the  fame  in  *rhfog,  he   flial]  be  liable  to  an 
action  of  debt,  to i  be  brought  by  the  laid  comm'uiicners  in  any  court  of  record,  and  if  judgue:i:  lhaii  'o   a'uainfl  him 
Court  may  aflefs  a  fine  on  the  laid  defendant  not  exceeding  one  half  of  the  dehlio  I'ecovetee,  sversr.d^abovc   the 
t|   died  to  the  nfe  of  the  town. 
d  whereas  the  contt-houle  in  Ednion  ha?  been  much  injured,  and  h  fubjecfc  to  repeated  injurie*    frem  Hie 
.!>;e;   ksitAbereforojsnaaed,  by  the  cnUjioritfafarefiiid,     tiia;  tii:  e-,:no;,inor:er  fbalL  recair 

n  thoufe  and  k  ep  it  in  oroer,  for  w  hich  repaih  they  (fad  le  paid  out  vi  fuch  iconej  as  has  been  colin 

be  collecled,  for  tbe^urpole  of  ere/bng  aprifon  or  court  houfe  in  the  town  or  'Edenloii  lor    the  oa- 

..   i'-  !i  m  '■■• 

v  culled,  Ir/the  authority  afcrifaid.  that  the  corr.miflier.crs  fiall  appoint  ere  of  therr  body  toatl 

irer,  toreceive  and  account  for  all  public  tnonies.   of  vvhicb  a    regular   entry  mull  be   made  in  a  book  to  be 

rpnrpofe,  and  upon    the     appointment   of  a  new    ireai'urer  the  old  onjjrfhah  immediately  pafirhis  actoutits 

pay  any  balance  refeaming  in  his  hands.     Provided,  that  before  fuch   treafurer  enters  upon  hisVl 

ijlgive  bond  with  good  lecuiity,  payable  to  the  cbmrnillioners,  ana  conditioned   for  the  faithful  dii'char.ge  oi  bis 

XI.    'rfhdbe  it  further  emitted,   by  thsrairthority   iforefaid,   that  esch  cemmifuoner  before  he  enters  on  his  oflice,    fhall 
.  and  he  is  required  in  the  presence  of'two  fulticcsof  the  l\-.c.,   to  take  the  following  Oath  :   1  A.   Ii.  da'fivt    ■ 

■  I  duty  rfi  commijfwner  for  the  town  /Edenton,  apreabh  to  I -,v    accordinx 

'.     SO  HELP  MEGOD.*  .  L       '  ' \V,'™* 

•A.    An  I  be  it  further  enaSied,  by  the  authority"  afiire/ald,   that  all  and  every  former  act  or  aeds  paded  for  the    re-t- 

huon  eftae  to.vn  ot  hd,nton  lo  far  as  the  fame,  or  any  pact   thereof    is  or    ai^e  inconliilefit  'with  this  act    is  aid  are 

hereby  repealed  -and  made  void.  ' 


ttiiurDino       Chap.  XXIV.  A*ta&  fnrthefrmition  ofltarnttig  intfiefyflrift  c/Edeuton. 
*•-  YY^i*EREAb  the  gooii  education-  of  youth  has  the •  molt  direct  tendency  to   promote   the   •  rtu«?    increafe   the 
weaMfj  ar4  extend  the  feme  of  .-ny  people,  and  as  it  is  the  JfiTdifgenfabJo  duty  of  every  lendiature    ;, 

C     9. 


102 

tuft  the  hajpinefs  cf  .1  rifr.ig  generation,  ami  endeavour  to  fit  them  for  an  honourable  chfeharge  of  the  focial  duties  cf 
life  ;  and  whereas  it  is  reprelented  that  3  public  feromar  y  of  learning  is  much  defired  in  the  cliftrict  of  Edetilon,  an  -J 
that  lome  provilion  is  already  made  for  luch  an  itdtitution  ; 

II.  Be  il  therefore  enabled,  by  the  General  JtTimbfy  of  the  State  of  North-Carolina,  and  it  is  hereby  cnt&ed;  by  tht 
authority  of the.  fame,  that  Mr.-  ireuell,  Mr.  Gregory,  My.  Charlton,  Mr.  Samuel  Jehnfton,  Mr.  Ever  agin,  Mr.'laic. 
rertce  Baker,  and  doctor  Hugh  William/on,  fhali  be,  and  they  are  hereby  declared  10  be  a  body  corporate,  to  be  known 
and  diilinguilhed  by  the  title  of  the  truftee*  of  Smith's  Academy,  in  the  diitric\  of  Eietstzti  ;  and  the  laid  trultees  lhall 
appoint  annually  out  of  their  own  body  a  president,  a  treafurer,  and  a  fecretary  of  the  corporation,  and  they  the 
fiid  truftees  lhall  keep  a  public  leal,  and  the  fame  may  alter  or  amend  at  plea  lure  ;  they  (hall  be  capable  of  fuing  or 
being  fued  at  bw  j  they  may  purchafe  lands  and  the  fame  difpofe  of  at  pleaiure;  they  may  receive  donations  or  legacies 
or  money,  lands  and  other  property.  Provided,  the  interelt,  rents,  and^iett  profits  of  their  capital,  fhall  not  at  any 
time  exceed  three  thoutand  Sfanifo  milled  dollars  per  annum  -•  in  general  rhcy  fliall  or  may  do  all  luch  things  as  ate 
in  lally  dene  by    bodies    corporate  and  politic,   or  kich  as  may  be  neceffary  for  the  promotion  of  learning  and   virtue. 

III.  Jfjed  be  it  further  cnu&id,  by  the  autheri  y  aforefaid,  that  the  truilees  having  purchaled  or  erected  proper  build- 
ings, for  a  public  feininary  in  lone  convenient  pert  of  the  diftrict,  (hall  employ  one  or  more  teachers  in  the  fame  by 
the  name  of  rector,  prcfefjbrs,   and  tutors    whom  they  may  remove  or  difplace  if  they  fhould  find  it  neceflary. 

IV*.  And  be  it  farther  em-.eled,  by  the  authority  afortfid,  thai  the  truftees  fharl  appoint  their  public  vifttatiens  of  the 
Academy  once  every  fix  months,  when  they  (hall  exam me  u  i  at  progiefs  is  made  by  tire  feveral  ftudents,  at  which 
vifitations  they  may,  for  the  encouragement  of  learmrgj  give  certificates  to  any  fkidents  conctrring  the  progrefs  they 
have  made  in  any  Ipecies  of  learning.  Provided  always,  they  (hall  not  on  any  account  gram  degrees  or  tit  les, 
luch  as  the  degree  cf  batcbelor  cr  maftcr  of  arts,  or  doctor  in  any  faculty. 

V.  And  be  it  further  enuiled,  by  the  authority  afore  fid,  that  the  truftees  fliall  not  in  any  cafe  fell  public  lands,  or  dif- 
pofe  of  public  money,  unlcfs  when  a  majority  of  the  boaixl  is  prefent^  or  daring  their  fbted  half  year!/  vifitations, 
nor  then  unlefs  wtiitfu  notice  had  been  given  bv  the  president  orlecretary  ;oeacfi  member  at  leait  four  weeks  before 
the  villtation,  figiVifyirig  the  propofed  dHpoftitbn  or  (ale. 

VF.  And  be  it  jurihtr  er.aclc.i,  by  the  out  ho*  ity  afore/did,  that  on  the  death  of  any  truftee,  or  in  cale  any  truftee 
fhould  rcfufe  to  fqrve,  or  Ihocld  fo  far  neglect  the  rhity;he  owes  the  public,  as  to  abient  hirnfe.-f  from  the  itatedor 
extraordinary  meetings  of  the  board  for  two  full  years,  the  renaming  ivuftees  confiJerni  r  ihe  le  it  of  luch  deceaflra* 
jcligning,  orablenting  member  as  vacant,  fhall  at  their  next  meeting  eleitfbme    fit  pcrlon  to  ferve  in  his  p'ace. 

VII.  And  be  it  further  enacled,  .by  the  authority  ,:fotth<id,  lb  at  no  rector,  profeflar  or  tutor,  ma;  at  any  time  be 
thofen  a  irultce  of  the  Academy.  That  the  Governor  cf  the  ibte  for  the  time  being,  though  not  a  truitcc,  may  at  a- 
jiy  of  then  vifitations  taLe  a  leat  with  them. 

V  III.  And  be  it  further  en.  jetedy  by  the  authority  afvefaid,  tl:a  r  the  rector,  profeffors  and  tutors  in  the  Academy* 
fliall  be  exempted  from  military  duty.  Provided,  no  perlan  frail  claim  this  exemption  unlefs  he  has  been  at  lealt  fix. 
months  a  Itated  teacher  in  the  Academy,  and  .continue  in  that  duty.  Provided  alfo,  the  nu.aber  of  teachers  lhall  not 
exceed  three. 

IX.  And  be  it  further  enacled,  by  the  authority  afvefaid,  that  nothing  contained  in  th's  act  fliall  be  confidered  as 
tending  to  prevent  the  trultees  from  djftinguifhing  their  public  hall,  their  mul'cum,  or  their  library,  by  the  names. of 
filch  parlous    as   may  within  twelve  months,  give  trie  molt  liberal  donations  10  this  Icmiiiary. 

~ 

Chap.  XXVI.   An  aci for  appointing  comrriifftoiiers  to  examine  the  cJ.umsof  Thomas  Clark,  and  other?,  againfftlx  eflatt 

of  James  Murray,  and  -ether  purpifts  ilxi  tin-rnentt-med. 
I.  \T7\HEREAS  it  has  been  represented  to  the  Genera!  Albcbly  of  tiieftate  of  North-Carolina,  by  memorial  from 
»*  'Tho'nas  (dark,  colonel  of  the,  fir  ft  regiment  of  A  'or-:/..  Carolina  continental  -troops,  John  innis  CL.rh,  brother 
SO  the  (aid  Thomas,  and  Anne,  (ifter  of  laid  Thkma'fenovi  » if e  of  IVjUuhn  Hooper,  by  her  (aid  buiband,  that  James 
Murray,  formerly  of  the -flare  of  North  Carolina,  but  whp  from  the  beginning  cf  this  war  has  atiached  himfelf  to  the 
enemies  of  the  United  States,  and  has  incurred  the  l6cfeiture  of  his  eftate,  real  and  pcrfonal,  under  the  regulations  of 
:ertain  acts  oi  Allembly  now  in  force  againft  perrons  w  thin  trie  laid  delcripticn,  after  the  payment  of  all  juft  debts 
c.-.:  r.l  fuch  eftate  which  may  be  due  and  owing  to  the  gor-d  inhabitants  of  any  of  the  United  States  .;  and  whereas 
the  n-.ci-.otialills  have  jet  forth  that  the  laid  James  is  greatly  indebted  to  them,  and  as  it  is  highly  reafonable  that  the 
laid  mcmorial'ifb  Ihould,  from  the  eftate  of  the  Lid  Janus  hive  and  receive  what   in  equity  and  good  confeience  is  due 

and  owing  to  them  :  ,..,,,,, 

II.  E  -it  therefore  enailtd,  by  the  General  Affrmhly  -aft  he  State  0/ North-Carolina,  ar.d  it  is  hereby  marred,  by  the 
authority  cf  the  [  ame,  \h*lkamw:lAJbe,  Alfred  Moore,  Thomas  Craike,  John  UUington,  Caleb  Grainger,  John  Aleore,  and 
fatties  CUlfl'ie,  be,  and  they,  or  a  majority  cf  them,  an:  hereby  appointed  commiflioners  to  hear  all  Inch  matters 
and  things  as  ihe  faid  memorialilb  have  let  forth,  or  may  hev .a.'ier  urge,  tor  and  in  lupport  of  their  claims  again  ft  the 
hid  James  Murray*  and  to  deceive  all  Inch  proof  a*  may  be  offered  by  the  memoriahib,  or  others  in  their  behalf, 
which  proof  would  be  aJmiflible  in  a  cmirt  of  eo»,  under  the  circum'.bnces  fet  forth  at  large  -in  the  memorial  reler- 
red  to  ;  a:td<he  laid  commiflioners  fliall  alio  hear  all  luch  t,U:mony  as  (hall  be  offered  againft  the  claim  or  demand  or 
the  hud  uieaiprulilbj  and/or  that  p.uuole  lhall  lu.nn  wi  ft'icncll'eJ  to  appear  and_give  evldeace,  or  produce   boo.ks  or 


I03 

refpsfting  the  fame,  and  all  perfons  ftimmoned  and  failing  to  attend  and  give  evidence,  c-r  "produce  papers  or 
bocks  accordingly,  flial!  for  luch  offence  forfeit  and  pay  one  hundred  pounds  l'pecie,  to  berecoveied  by  action  of  debt, 
in  the  naire  ottne  Governor  Jor  the  time  being,  for  the  ufe  ct  the. late. 

III.  And  be  it  further  enacled,  by  ihe  authority  aforefaid,  that  the  laid  commilTioners  fhall  themfelvei,  if  one  of  them 
be  a  Tuftice  uf  the  Peace  in  the  county  where  they  (hall  meet  for  the  purpofes  aforefaid,  admiuiffer  an  cath  to  all  inch 
asihail  appear  as  witneQes,  and  if  no  one  ot  the  faid  commifiioncrs  be  a  Juftice  of  the  Peace  in  the  laid  county,  tome 
other  Tuftice  of  the  Peace  may  adminilter  the  laid  oath  in  the  prelence  ot  the  faid  commillioners,  and  the  faid  commil- 
Goners  are  further  impowered  to  admit  Inch  written  teftimony  as  may  be  adduced  tinder  the -reftriCiions  aforefaid. 

IV.  Arid  be  it 'further  {hatted,  by  the  authority  ajorefaid,  that  the  faid  commiflioners  before  entering  on  the  duties 
of  their  ippointment^  fhall  take  the  following  oath  :  1  A.  B.  do  f wear  that  1  will fail hjully  inquire  i:,to,  end  according 
to  equity  and  good  cgnfeience  tfiru?  return  make.,  en  the  claim  of  Thomas   Claik,  John  Innis  Clark,'*;/*/  Anne  Hooper, 

.by  bet  hfbund  William  Hooper,  agtiinjt  the  eftate  of  James  Murray.     SO  HELP  ME  GOD. 

V.  And  It  it  further  enacled,  by  the  authority  ajorefaid,  that  alter  the  (aid  commillioners  fhall  have  fully  heard  and 
ccnlidered  the  claims  of  the  faid  memorialifts,  if  it  fhall  appear  to  their  fatisfatiion  that  the  faid  James  Murray  is  in  e. 
miity  aid  good  cenkience  indebted  to  the  faid  niemonalilts,  they  fhall -certify  the  fame  to  the  next  General  Affembly 
that  further  proceedings  may  be  had  thereon,  to  the  end  that  juiuce  may  be  done  in  the  premiles. 


Chap.  XXVU.  An  aBjor  edubPjhing-a  toum  onthe lands  formerly  belonging  to   Colonel  J:.rr.es  Eor.nT,  at  '.he  forks  df 

Tar  nve-r,  w  the  county  0/  Beaufort* 
j  «-*r  rHEREAS  it  hafii  been  reprefented  to  this  General  Aflembly,  that  in  the  year  of  our  Lord  one  thousand  fcven 
W  hundred  and  feventy  fix,  thirty  acres  of  land  was  purchafed  by  a  number  of  perfons  for  a  town  from  Col. 
fames  Banner  at  a  place  generally  knownby  the  name  of  the  Forks  oiTat'river,  bounded  on  the  eaft  by  land  lately 
belonging  to  Daniel  Maxwell,  deceafed,  on  the  north  by  land  belonging  to  the  laid  James  Bonner,  on  the  welt  by  Wil- 
li :m  Boyd,  and  7/nsmas  Simmon's  land,  and  on  the  fouth  by  the  river  Pampl  co,  whicn  laid  lard  hath  been  laid  out  in. 
ro  halt  acre  lots  with  flreets,  &c.  and  whereas  feveral  habitable  houl-es  are  already  ereded  thereon,  and  the  ianie 
mio-ht  be  improved  if  it  was  ereded  into  a  town  by  lawful  authority  ; 

II.  Beit  therefore  enacled,  by  the  General  AJfembly  of  the  State  of A' orth- Carolina,  and  it  is  hereby  encSed,  by  the 
authority  of  the  fame,  that  the  laid  thirty  acres  of  lano  be,  and  the  fame  is  hereby  conftituted,  ere&ed,  and  titabhfhcd 
•  a  town,  and  Uiallbe  called  by  the  name  ollVaflnngton. 

ill.  And  be  :t  further  enacled,  by  the  authority  aforefaid,  that  from  and  after  the  palling  of  this  act,  Nathan  Keais, 
efouire,  Richard  Blue  hedge,  John  Bonner,  James  Bonner,  jun.  and1 John,  Gr&y  Blount,  be,  and  every  of  them  are 
hereby  conftituted  and  appointed  commiflioners  for  defij-ning,  building  and  carrying  on  faid'town,  and  they  fhall  flared 
(eized  in  an  indefeasible  eftate  in  fee  {ample  in  the  faid  thirty  acres  of  land,  to  and  lor  the  ufes,  intents  and  purpoies, 
herein  expre  fled  and  declared,  and  that  the  faid  commillioners,  or  any  three  of  them,  fhall  have  full  power  and  au- 
thority to  meet  as  often  as  they  fhall  think  it  neceffary,  and  caufe  an  exact  plan  of  the  laid  thirty  »rtes  of  lard  to  he 
made  firft  laying  off  convenient  flreets,  which  are  to  have  regard  as  much  as  may  be  to  the  homes  and  improvements 
already  made  on  faid  land,  and  to  infert  the  mark  or  number  of  each  lot.  and  alio  the  name  and  widih  of  the  ftreets, 
which  plan  fhall  be  kept  in  fome convenient  place  in  the  faid  town  for  the  view  of  fuch  perfons  as  incline  to  have  a 
lot  or  Jots  hi  the  fame, 

IV.  Provided  neverthelefs,  that  nothing  in  this  act  contained  fhall  be  conftrued  to  extend  or  grant  power  to  the 
fiid  commillioners,  or  their  fuccefibrs,  to  difpofe  of,  orinterfeie  with  the  titles  of  any  lot  or  lots  already  laved  in  the 
faid  town,  or  for  any  which  any  perfon  or  perfons  have  at  the  timeof  palling  this  sck  a  deed  of  Talc  or  conveyances, 
iigned  and  executed  accord  ng  to  law,  by  the  laid  James  Border,  and  Mary  his  wile. 

V.  provided  newth-defs,  that  every  grantee  of  any  Jot  or  lota  in  the  laid  town  fo  conveyed  fhall  within  two  year* 
next  after  the  expiration  of  the  pi  efent  war  with  Great  Britain,  eiect,  build  and  Hnifh,  on  each  lot  fo  tronvev  ed,  one 
good  habitable  Hone,  brick,  or  ,'ramed  houfe,  with  a  brick  or  ftone  chimney  not  iefs  than  fixtcen  feet  fquare,  cr  pro. 
jportionahle  to  luch  dimenfions,  and  if  the  owner  ol  any  lot  fhall  not  coinp'y  with  ihe  dii  cCtioi "8  in  this  act  prefcribed 
lor  building  and  finilhiug  a  houfe  thereon,  then  luch  hot  -mail  be  revefied  in  the  faid  commifhoners,  and  ihe  faid  com- 
miliioners,  or  a  majority  of  them,  may,  and  they  are  hereby  authcriied  and  urpowered  to  fell  fuch  lot,  in  the  fame 
manner  acif  the  lame  had  never  been  fold  or  granted  ;  ard  in  cafe  of  rtiufal  or  neglect  of  any  purchafer  to  pay  i  lie 
fum  agreed  -for,  the  faid  commillioners  (hall  and  may  commence  and  piokcute  a  luit  in  their  own  names  for  the  fame, 
and  thereon  recover  judgment  and  cofis. 

VI.  And  be  it  farther  enabled,  by  ihe  ruihority  aforefaid,  that  the  lots  number  twenty  one  ard  number  fifty,  fhall  be 
deemed  lav<  d  lots,  and  fhall  be  appropriated  tt  and  for  theule  of  the  town,  in  Uuh  manner  as  nie  commiflioners  of  the 
faid  town  (hall  think  proper,  and  fhall  be  called  public  lets,  and  that  the  deeds  dread}  made  by  colonel  Jinxes  Bonner, 
and  Mary  his  wife,  ftr  'he  t/o  before  mentioned  lots,  fhall  vtft  in  tbe  eqflqmimonrts  for  the  time  being  a    fee  Ota* 

■.   toai-d  for  the  pmpofes  a'ortl'aid. 

VII.  .-/«.'  be  it  further  en  -cl-:d,  by  the  authority  aforefaid,  that  all  the  monies  which  lhall  arife  by  the  Tale  of  lots 
forfeited  in  faid  town,  (hall  be  paid' to  the  commillioners  for  the  tmie  b/mg,  rfud  by  them  applied  for  the  beaeffl.  ar.d 
improvement  of  faid  town,  in  luch  manner  as  a 'majority  of  the  laid  comiiiiiiieii.r,  (hafl  think  proper* 


io|..  . 

-.-',  ,;<y  tbt  authority  oforefa'td,  that  the  ccmmhnoners.   6r  a   jpajority  of   them,     R.,h 

hr.'e  full  power  and  abtobite  authorftj  to  pais  Inch  necellary  rules  and  orders  as  to  them  m  ill  for  removing 
nil  nu  fauces  within  the  bounds  o;  the  1  id  lovvn,  for  per  Ions  to  remove  dirt  arifcl  rti  ibifli  from  b 

■  ; 5  and  \v;itc!  coupfes.  through   their  lots,  for  pulling  down  all  •■■<     I    i<  the*    faid 

town,  and  prevcn'ing  the  building ;  thereof  (or  the  future,   in  i  rd.  r  to  pi  event    ;  -.                     ',     that    Ilk 

imi'.iiis  i    rice  1     frl'venio  lb  fawners  of  Inch  chimneys  as  are  air-catty  rfaiJt  to  j           .    ..  rffor  all    other 

improvement,  and  advantage  oi  the  faid  towti,  fo  as>  ihe'fa;  La    cot   [,ep    .   an;,  bu:    as 

i'.tJi'.is'  aide  to  the  liws  or  this  ihte. 

■■;.;  '.lie  iuecehlon  of  (he  laid  commiiTKHrers,   be  ily   aft 

leath  ,  refiif.il  10  ail,  or.Dtter  incapacity of  anytol  i 

i   or-»  majority  cf'tfiein,   (hall  alfemb.eat  the  ia.tl  town,  and  art                in  rjr,i  t              time,  by  in» 

i    ,   runder  their  retpe&Jve  h.  aids  and  fc..b,  to  i  other]                     ig  a  Ire;-- 

:   in  t»e  pWceof hiufriodjing,  rt !'...•  :i-  :..•  sit,  or  rervio\  . . r!bf.  j* 

ed,   fliall  from  tbenceiortii  have  the  I  ke  prV             '  5  and  maimers,  besein-cui* 
.     as  tl  ii«  h.i.i  Llci;  eoij  rtflly  named  and  appointed  in  and  by  this  a"cV. 


iX,  /Sb  dft  to  amend  the  fevtral  uflj'pfijfcd.intbisjtatt,  ft- pfe&ntHbe 'filoppbge  oj 'the  )  .up  the  fe* 

;  above  n  Irs  have  no!  been   at  fvvered^by  reafen  cf  the 

.  eoufidei  able,  ;.:i  '  i.    agawft  any 


REAS  the  pxod  purpofes  intended  by  the  above  m  fsbavenol  been   at  !  V  ■!  red  by  i  t  a''  n  cf  the 

reclated  liate  cf  our  currency,  t lie  penult  j 


on  ha- 
for  the   1'ai   .-, 


nnd  pay  the  firm  of  fifty  pounds  Ipecie,  for  every  twenty  to  ir  hours  he  t  ; 

n  Jir-,  to  oe  fued.  f8r  in  a  lepar'ate  fu'rt  for  eat  h  day  be  or  Ql  s  may  fo  be  recovered  before  any  j 

■ving  cognizance  thereof,  byanyperfbn  svho  lhali  lue  for  the  lame,  ore  ha  i"  to  the  perfor. 

the  other  halt  to  the  uft  of  the    poor  ot  rh<:  county  where  the ■  plaintiff  is  a  p  lid.yjt. 

III.    ,  .-  auHririty  uforefaid,  th.tr  Neufetffrei  (hall  be  kej  t  npen  in  1  f;e  mam  -  r  as  ihe  o- 

rherriv.  ;d  in  the  feyeral  above,  recited  a£ts.,   ai:d  any  jSeifon  'tir  perlcnsoffericniig'heii   n;   (hail    be  liable  to 

be  fame  | (.:... hies,  and  to  le  recevcrSd'hi  theJ'asne  manner  as  other  fines  and  ;  enalt  es  bj  this  set  sre  directed. 


XXXH.   AnmSlttyv  ;  m>n\  ■'  '  '  'ic  biili'wgi  in  'he  town       ■       -■ 

buroti'Mi,  undfitha 
7.   IT..  III.  IV.  atdV.   Of,/ 
,VL     i\  ND  bt  it  furthef\  ,     that  every  free   older  of  the  town  of  Hillfcoraugb,    re»- 

l\   tiding  in  in  the,  term ^f  five. -months  after  the  palling  of,  this  aft,  pave  fix   ieet   wide  of 

tiie  fhecic- iii  lal  iront  cf  i;  ■  btiik  or  ftone,    and  indole  the  (  nne  wirh  ltrong  polls    and    rails;    and    in 

cafe  aiiy  freeholder  t*f  faid  tbv-'n  1  iall  retqfe  or  neglect  topav'e   and    indole    with    tofts  and    1. 

b i. lot  as-above       -       I-,   Qial!  pay  th«  fnmof  tJventy  pounds ipecie,    to   b  '    by  v.anaiit 

under  the  hinds  and  leals  1  .       ...  ps'/oi    nnajorltj  of  thtm,  that  ilull  be  hereafter  rtomitMted  and  appoiiit- 

«d  by  thiL.  ,-.d,   dir .-■  ■  ti.ev  (lull  ,i::;:o:r,t  to  eoileC*  the  fame,   which  collector  is  hereby-   hnpewered    to 

colled,  and  mSj^e  diftre fs  Tn  1  ke  manner  as  o-her  colletfors  or"  publfe  or  county  taxe^  are  impo  Acred  by  l<iw,   and  ti;e 

■   ce-i.  cominilfioi  s.  fhall  be  by  him  paid  into  the  hands   c^    the   com- 
\tr$  o!  !.  d  tO«  ,1.   and  1      ....  r.,_  ..  aj    fied  to  keeping  the  (Ireets  in  good  repa  f. 
\'ll.   .  i.  .Hooper,    James Hoeg,    JshnE/lif, 

Courtney,   Joint  Shields,  naf<t,   and  'Jo;  n'i vc\lcr,  are  hereby  nominated  and  appointed  .conn 

the  to.vn  ot  fJfttfbot  iugh,    •  ?c  full  pow  tr  and  authority  to  aci  and  tlo  every  thing  that  former  coinmiliicnets 

for  laid  town  la'wfuily  nii^Ht  do,  or  have  done-,  and  keep  the  Itreefs  in  gootf  repair  and  order,  and  to  appom:  ano- 
verieer  of  fie  (tree's,  who  (hall  have  In  !  power  o  luminous  the  inhabitants  of  the  laid  town  to  work  on  the  11 
any  t'tBw.  when  ft  .(nay  be  t,eceli  ry-j  a.  d  ;  ,  ...le  the  f«i-J  overfeer  iltall  neglect  to  keep  the  live ets  in  ^oA  >-'epair';  cr 
in  cafe  a  w  i.. habit  mi  oi 'f aid  to  \  r,  vdio  afttr  being  (ummoned  by  ihe  overfeer,  (halt  retufe  or  neglecl  to  work  oa 
the  f.fid  ftreets,  be  Or  ih-y  l|iail  forfeit  ai>J  pay  the fum'tSf  twenty  il; tilings  fpeue,  .10  be  reccvered  as  before  mention- 
ed in  this  aff,  and  p  i  hands  of  the  commHliotfefi  of  did  town,  to  be  applied  towards  keeping  the  f 
in  order,  tv'ii  ca'e  any  ot  t  .e  laid  ctfttimiiiio-iers  Ihould  <!Lc.  heglecr,  or  refufe  to  ad,  or  remove  away,  it  Hull  and 
may  be  lawful  forfhe'i  1  ■>',  i  i-s  oil  a  d  town  to  aiiemble  and  .-  kd  another  or  others,  and  he  cr  tluy  fo  elected  (hall 
be  invelted  with  the  i.  m.  povver  and  authority  as  thole  nominated  and  appointed  by  this  aft. 


G.iA?.  XXXIT.   An  acTii  encourage  CJsb  Grainier  to  build  alt l\ge  nn  Smith's  creek,  «t  tie  place  -wbire  the  later 

bridge  flood  in  Nevv-Hancvcr  county. 
^   XTjj/HSPiE  VS  a  bridge  o»er  Smith's  creek  a:  the  place  where  (he  late  bridge  Hood  would  he  convenient  for  tra. 
»  V     veliers,  and  pro.Juct.ve  (f  much  puhlx  good,  afnd  CAleb  &/i'<»w^r,beirigdfifirousofbnilding,cnethereat  I113 
awn  eapence,  en  condition  bf  having  the  benefit  thereof  for  the  Ijv-.ce  01  twenty  five i years  ; 

II.  Beit  t,  ere/ore  cnacied  bv  ib;  General  affhmbty  of  the  •Hate  f/Ncrt'i  Carolina,  and  it  is  hereby  enacledby  the  au, 
thorit)  of  the  lame,  that  it  (hall  and  may  be  lawful  for  the  find  Caleb  Grainger,  his  heir?,  executors,  adminiftrators  or 
afijgne,  to  eredt  and  build  a  good  fubftanmal  bridge  over  Smith's  creek  at  the  place  aforefaid,  and  alter  building  a 
bridge  as  aforef.-.i...  it  Ihall  and  may  be  lawful  for  the  faid  Cjl-b  Grainger,  his  heirs,  executors,  adminitfrators  or  af- 
figiM,  to  keep  a  luffigie.it  gate  thereon,  and  rake  and  receive  from  all  perforis  that  pals  over  the  fame  the  following 
ratei,  that  is  to  lay,  for  every  footman  two  pence,  for  every  man  and  horl'e  four  pence,  for  every  horfe  and  chair 
one  (lulling,  for  every  four  wheeled  ..riding  carriage  including  horfes  drawing  the  lame  two  Ihilling*,  for  every  cart 
eight  pence,  for  every  waggon  one  (hilling  and  lour  pence,  lor  every  led  horfe  or  work  ox  twef  pence,  for  every 
head  of  near  cattle  one  pei  «y,  for  every  head  of  hogs  or  Iheep  one  halfpenny. 

III.  Ard  be  it  further  em-cied,  by  the  authority  afore/aid,  that  after  the  laid  bridge  is  built  and  compleated  as  afore- 
laid  (provided  the  faid  bridge  iTiall  be  lb  done  within  two  years  after  the  palling  this  atl)  it  (hall  not  be  lawful,  du. 
ring  the  time  the  (aid  bridge  is  kept  in  repair  and  fit  for  travellers  and  carriages  to  pafs  and  repafs  over  the  fame  (or 
a-.y  perfi-n  or  persons  •A.h.iUbever  to  keep  any  ferry,  build  any  bridge,  or  let  any  perion  or  perlons,  carriage  or  car- 
wagesj  cattle,  hogs  or  Iheep,  over  the  faid  creek  fcr  fee  or  reward,  within  two  miles  of  the  lame,  during  the  term 
afcrelaid,  under  the  penalty  of  twenty  shillings  fpecie  for  ea  h  a  >d    every  bfienfce,  to  be  recovered  by  warrant  bv  the 


r  AVr  fid  bejtJ:"iher  e^cledy  by  the  authority  aforefaid,  that  when  the  afcrefaid  bridge  (hall  be  built,  the  afore- 
<a.d  CrJeb  Cra.rger,  Ins  heirs,  executors,  admitnltratc.-S  or  alliens,  Hull  keep  the  fame  in  good  order  and  fit  for  pal. 
ling  over,  during  the  tnr>e  aforefaidi  l 

V.  Provided i&iKYtkelefs-,  that  no  toll  (hall  be  demanded  or  receivc.l  for  public  waggons  carrying  public  ftnres  or* 
iuppl.es  tor  the  u!e  of  the  army,  or  any  detachment  thereof,  0,  for  any  troops,  and  all  perfons  having  occaiion  to  at, 
tend  general  or  private  muiters,  er  the  annual  or  other  elections  for  members  of  the  General  Afiembly.. 

Chap.  XXXVI.  AnaJrto  veil  in  Frederick  Willi ,m  Marfl.all,  Eftuire,  of:>,\Sm>  i.Sarrv  county,  on  the lands  if the 
T     ,  1.  ,„^T,  „  .  0Un,tas  *  ratrum,  in  ihuft  .te,  for  the  u;e  of  the  unit,  dbrtfhr'eh,  a  d  Uher  purpofis.  '  - 

L   ^HrKEAcl/V^^W^,^^/,  dquirer,  of  Sale,;,  in  Stej*  county,  hath  mad/it  apoear  to  -tlm  Gene- 
I    *  I     f?™bll>  tbat  3l1  ll,e  "f s  °   land  ll  this   «ate  belonging  ta   the  lord  advocate;   the'ehauctiu  ]  ,L 

agent :  of  the -UnUas  FrXtrUtnl  or  ur;ud  brethren,  have  been  transferred  to  him  from  the  former  pofl  l!  '  s  '  ■',  a  ~ 
the  EAMm  Fratrum  or  united  br<  rhrta  ;  and  «  hereas  doubts  have  a.  ilen  whetl  er  the  laid  .r.c.b  do  ,  ,,t  c  :me  whh£ 
the  delcnptionot  the  conh-c.  t  on  act  j  and  to  quiet  the  minds  of  thole  ta  whom  conveyances  have  beel  e'r  ate  to  be 
made,   cf  any  p  rt  or  p;  rts  to,  reof  -  "',  u  dicto.oe 

U.  Be,t  therein- ^ufi^l,  by  f>e  General  fTe  ,-bly  of  the  State  of  North  Carolina,  and  it  is  hereby  cvP-d  U  the  aiJ 
tkonty  of  the  ante,  tb.t  a  «r«in  deed  of  le-;e.and  celeafe,  d,ted  tbe  twenty  feventh  and  twen  v  ei ,'|lth  JfoTobT 
t^ethou^ndXev^r.  hundred  and  feven  y  eight,  from  JMlie,  H,tton%  conveying  J*e- tra^of  Wolhwl  n  trrvccl" 
ty  to  ,a,d  Fredertck  IVitli^farJJ^l,  be  hereby  declared  valid  in  law,  and  to  be  admitted  to  S  n  SZ 
*  Surry,  and  rrgtflered I  ra-lhe  regilters  office  .hereof,  agreabJe  to  the  teltimor.ials  thereunto  nper  ai  nl  •  and  Z 
all  lands  which  by  a  deed  of  bargain  and  lale  of  the  twentieth  o!  April,  one  thouiaod  feven  hu  Ld  red  anuW  four 
between  Wdluint  Churton  m&  Charles  Medcalf,  regiftered  in  the  county  of(V^  in  bock  number  one  nare  or*,  hn  ' 
dred  and  Gx  and  ,n  &W«  county,  in  bock  E,  number  five,  page  four  hundred  and  fifty  Zo&l  Te'Jt^L 
ed  to  n .d  Charles  Medcalf,  be  hereby  veiled  in  the  faid  Frederick  William  MarfhaU  in  JErfoS  d  ,',  J * 
veyarces  of  the  above  mentioned  lands,  or  anv  of  them,  made,  or  winch  (hall  be  made  by  T^"  fiderlck  t»T' 
Marfhull,  (hall  be  as  good  and  valid  to  all  intents  and  purpoles  as  if  the  conization  aft  had  never  nafie'd 

II  .  And be  ,t  further  enacled,  by  the  authority  afirefaid,  that  the  power ?of  attorney  JSSte  r,T,v 
dated  the  third  of  grown.**,  one  thoufand  feven  hundred  and  leventv  two,  impowejing  faid  Frederic!  mL^l 
JhM  to  (ed  hu  lands,  be  admitted  .0  probate  and  regiftry  in  the  ceunty  cf  li'ilhs    and  hi -l  a  ,     M^ 

could  or  might  have  been,  had  the  aft  of  confifcatio^never  pailec         *  '  g°°d  3Ud  Valld  '"  k w  a3  U' 


I    TT7HFRFAsTr'h^??VlJ'  f '  ^  "^  ?*^  o/"  "riahl  tra£i  °/'^« Robert  Cummins. 

Wr./rr  .  !etl  made  aI,pear  t0  the  fatisfaftion  ot  the  General   Afaembly,     that  Robert    Cumm;»<      S 

&  \Vw/5„, county,  d.dpurchafcofacemm^c^and^^^V^  l^cSifi^tite^ 


iTOO 

aforefaid,  op.  the  waters  df  Reedy  Fort,  ccmtain'ng  two  hundred  and  twelre  acres,  and  bounded  as  follows,  vis.  hb 
ginning  at  a  white  oak,  corner  to  the  lr.nd  of  Edward  Gilbert,  running  thence  on  his  lint  weft  twelve  cha'ns  and  te- 
venty  five  links  to  a  white  oak  fapp'.ing,  thence  north  fourteen  chains  and  a  half  to  a  pelt  oak,  thence  eaft,  eroding 
Jluffalov,  fixty  nine  chains  to  a  white  ode,  thence  fouth  thirty  i«ur  chains  and  a  halt  to  a  white  oak,  ther.ce  weft  fif. 
tj  fix  chains  and  twetry  five  jinks  to  a  white  oak  lapphng,  thence  north  -ci  effing  the  Buhalvm  to  the  beginning, 
twenty  chains  ;  and. the  laid  Robert  Cummins  having  paid  part  of  the  purchafe  money,  and  taken  bond  of  the  laid  Ar- 
chibald and  John  Hamilton,  conditioned  for  the  making  to  the  laid  Cummins  a  good  title  in  fee  liniple  in  and  to  the 
laid  land  ;  and  whereas  the  laid  Archibald  and  John  Hamilton  afterwards  and  before  any  legal  tale  could  he  obtained 
from  them  for  the  land  aforefaid,  dd  withdraw  themfelves  from  this  ftate  and  did  attach  themfelves  to  the  enemies 
ei  the  United  Stales,  whereby  all  the  lands  and  tenements,  goods  and  chatties,  are  become  forfeited  to  this  ftate, 
and  it  being  rcalonablelhat  the  laid  land  as  aforclaid,  purchaled-of  them  by  the  faid  Robert  Cummins,  be  protedted. 
from  Confifcation  and  lecar-ed  unto  him  ; 

_  II.  Be  it  therefore  (met -d  by  the  General  Affembly  of  the  State  of  North.  Carolina,  and  it  is  hereby  enabledby  the  au- 
thority of  the  fame,  that  James  Martin,  John  Peajly  and  John  Gi/iifpie,  commillioners  of  confiscated  property  in  the 
faid  g<^(unty  of  Guihfurd,  they  or  any  two  of  them  receive  whatever  part  of  the  purchal*  money -ie  due  by  the  faid 
Cummins  in.fpecie,  pnvided  the  lame  be  tendered  within  fix  months,  and  that  thereupon  thr  I'.jd  commiilioners,  or 
any  two  of  them,  be  authorized  and  impowered  to  make  and  execcte  unto  the.  laid  Rtbert  Cummins  a  good  and  futSci- 
ent  deed  of  conveyance,  to  him,  his  heirs  and  aligns,  forth*  'aid  land,  all  which  proceedings,  at  the  proper  coil 
and  charges  of  the  faid  Robert  Cummins,  when  hod  and  done,  fhall  be  deemed  Sufficient  in  law  to  veft  in  him  all  the 
right  and  title  which  this  Hate  hath,  or  may  have  acquired,  in  and  to  die  lame,  by  confifcation,  forfeiture  or  oiher- 
wile,  any  law  to  the  contrary  notwithftanoing. 

i  , 

Cha?.  XXXVIII.  An  ad  to  crJ>:fi  m  <e  certain  patent  therein  mentioned. 
!•  TT/HEREASit  appears  that  a  patent  was  obtained  from  Government  by  Join  VSaid,  for  fi*  hundred  and  for- 
V  v  ty  acres  of  land  in  Beaufort  county,  now  Dobhs  and  Pitt  counties,  on  both  fides  ot  Little  Contentncy  creek,  on 
the  eighteenth  day  of  November,  in  the  yvar  of  our  Lord  one  :i  oulahd  (even  hundred  and  forty  tour,  whic'i  tract  of 
land  hath  been  ever  fir.ee  quietly  and  peaceably  pollclled  by  the  U'C  Jprn  H'atJ,  and  others  claiming  iin.tr  him  by 
purchaleor  devife,  arid  .although  the  laid  patent  hath  been  recoided,  a  d  enroled  in  the  proper  offices,  yet  it  does 
not  appear  to  have  been  ligncd  by  the  Governor,  Irom  which  cireUmftaBce  fome  doubts  have  arifpu  reflecting  ihe  va. 
lidity  thereof  ; 

II.  Beit  therefore  enacrcd,  by  the  General  Affembly  of  the  State  of  North-  Care-Una,  and  it  is  hereby  enacled,  by  the 
authority  s/  the  fame,  that  the  Laidpatent  for  li.s.  hundred  and  forty  acres  ot  land,  granted  to  the  find  John  Ward  de- 
cealed,  as  af ore  faid  j  lying  irithe  counties  of  Dobbs  and  Piti,  Htuate  on  both  fides  cf  JLittfe~C?ti;cnlney,  beginning;  at  « 
pine  on  the  fouih  fide  ot  Little  Coniehtnef,  running  eaft  three  hundred  and  twenty  pole  thu  ugh  the  i'wainp  to  a  pine, 
thence  nor  tn  three  hundred  and  twenty  pole  through  the  fwariip  to  a  pine,  tlun-e  north  ii,ree  hundred  and  twenty 
jx)le  to  an  oak,  thence  weft  three  hundred  and  twenty  pole  to  a  pin*,  thence  loath  three  Inn  d  ed  and  twenty  pole  ro 
the  fir  ft  ilation,  be  hereby  confirmed,  ratified,  and  made  va'id  in  law,  and  the  laid  fix  hundred  and  fi  riy  acres  of 
land  verted  in  the  dtevifees  and  afflgnecs  of  the  laid  John  Ward,  their  heirs  and  afngns  lor  ever,  tegard  being  had  to 
their  refpecfive  proportion. 

Chap.  XXXIX.  Att  acl  fir  tJfabUlh'mg a  copyty ** [deed therein  mentioned.  % 

i.  'lY  7KEREAS  it  hath  been  made  appear  to  the  Genera!  Affembly  that  William  tisrritage,  late  of  Craven  county, 

W  elqtiire,   did  fell  certain  lands  lying  in  Crave)i  county,  in  this  date,   to  William  Lifler,  late  of  laid  county    de. 

peafed,  and  that 'the  laid  William  Herrilege  did,  in  dje  fotm  convey  the  faid  lands  by  deed  of  bargain   and  la'e  under 

his  nam!  and  leal,   dated  tile  t\weffty-eighth  day(  elf  March,  in  the  year  ol  cur  Lord  one  thoufand  feven    hundred  and 

forty  eigth,   to  P  her  he  Lij.  ■  er  and  Mf-ry  Lijier,  the  luf-viving  arid  oivy  heirs  of  the  laid  William  Lifler,  and  (hat  the  laid 

deed  from  unavoidable  caluaYie  5  has  not  yet  been  regifteted,  although  it  hat!,  bet-n  duly  proved  agreable  to  law-,  art  1 

lince  loft  ;  and  as  Richard  Ncf/au   Stephens,  hufb3tnd.to"Vkforji  Steyfoeks,  now  fole  furviving  heir;of  tne  faid  Wiiliti/u  Lij". 

ter,  hath  obtained  and  produced  to  the  General  A,,'e.\biy  a  p  ipf    purporting  to  be   a  ti  ue  copy  of  the  aforefaid  deed 

feoxa- William  Htrritiige-,  io*Phaebe  and   ]ha>y  Lifter,  for  the  in!  lowing  lands,  to  ivit,  all  that',menuage  or  tenement,  lot 

or  half  acre  ot  ground,  filiate  Iving  and  being  in  th    io  \n  o(  Xeivbern,  iri  €^aven  cqfeiiiy ,  in  this  ftate,  which  js  known 

and  dtftingtiilhad  by  number  fifty  one,  lying  vn  the  louch  fide  of  the  lot  commonly   know  u  by  ilia   n  une  of  the  church 

!■■>'.  tnretlier  witn  tne  '.aid  church  lor,  with  ali  the  hou'fes,  edifices  arid  br.ildings,   whatfoever  thc'rqun  uanuinpr  ,  and 

alfo-twotrafts  of  land  lying  in  Graven,  county,  on  the  north  fide  of  Tnnt  river,  the   drie'travel  boii.n'dedas   fulloweth, 

z>'l.  upon  Lav/en's  branch  legjnniflg  at  twojtedoalts,  the  upper-corner-   trees  of  Richard  tt.i  Pi  la,-d,  and  running 

■  nnrt'i  forty  five  degrees  ealt  eighty  four  pole,  thence  north  tw  ivy  nine  weft  twenty  p"'e,  tnen.ee   v.eit   one 

Ivan  Ired  pole,   thence  foatfi  iixry  weft  '1  ty  fix  pole  to  a  pine,  thence  fc.ii.fh  feventy  eight  weft  one   hundred  and  lix» 

tv-r.t  pole  to  a  pine,  thence  north  fixty  weft  one  .hundred  and  forty'liit  pole    toa   pmc-,  thenceforth   forty  thiee  weil 

orty  three  pu'.c  to  a  nine,   the  .  :e  ffluth  thirty  ihree  eait  ninety  tv/o  poltj,   thence  iouth  'fixty  cA\  tyi  o  hundred  and  le- 

r^.i'y  onejJole  so  a  pine,  Llsence  north  fusvy  \  wo  caii  ieve:uy  one  pole,  thence  uonh  li>;iy  eight  call  ninety  foiirpolp 


a  red  oak  by  the  fide  of  a  branch,  branching  from  lawfinh  branch,  corr.wonly  called  the  Schoaltoufe  branch,  thence 
%ith  a  ftraight  line  to  the  beginning,  containing  three  hundred  and  twenty  fix  acres  :  and  one  other  traft  of  land  on 
the  fame  fide  of  Trent  river,  a  mile  above  Newborn,  begmnning  at  a  white  oak,  a  corner  tree  of  Culkn  Pollock** 
.lands,  thence touth  fifty  degrees  welt  one  hundred  ai  d  fixty  pole  to  a  red  oak,  thence  fouth  forty  eaft  two  hundred 
pole  to  a  pine,  thence  north  titty  eaft  one  hundred  and  lixty  pole  to  a  cyprels,  thence  to  the  firft  ftation,  containing 
two  hundred  acres  of  land  ;  and  the  faid  copy  of  a  deed  for  the  before  recited  lands,  iigned  with  the  name  rf William 
Merritage,  and  atteited  fay,  John  Wright,  Jonn  Rice,  and  Richard Lovick,  bearing  date  the  twenty  eighb  day  of March, 
in  the  year  of  our  Lord  one  thouland  feten  hundred  and  forty  eight,  and  the  probate  thereof  as  attefted  by  E.  Hall, 
the  then  chief  Jnftice,  having  been  made  appear  to  the  la  isfaction  of  ihe  General  Afiembly  to  be  the  true,  abfolute, 
and  exact  con)  of  tfee  be'ore  mentioned  original  deed  of  i'ale  ; 

-  II.  Be  it  therefore  enaclcd,  by  the  General  Alfftmbfy  of  the  State  of  North-Carolina,  and  it  is  hereby  enacled,  by  the  au. 
ihoritv  of  the  fame,  t!  at  it  (hall  and  =nay  be  lawful  for  thereafter  of  the  county  of  Craven,  *nd  he  is  hereby  required, 
•n  application  of  the  faid  Richard  Naff.m  Stephens,  or  any  per  on  on  behalf  of  the  faid  Mary  Stephens,  to  caufe  the  be- 
fore recited  copy  of  a  deed  to  be  regiftered  in  the  regillcr's  office  of  faid  county,  and  the  (aid  copy  is  hereby  declared 
t)  be  good  and  valid  in  law  and  equity,  and  (hall  for  ever  hereafter  be  deemed  and  confidered  as  an  original  deed  of 
foargam  and  fale,  for  all  and  every  ihe  lands  therein  mentioned,  any  law,  ufa^e  or  cullom,  to  the  contrary  uotwitW 
ftanding. 

Chap.  XL.  An  aS  to  vtft  in  John  Hay,  the  property  of  certain  lands  in  Duplin  county. 
I.  TT7b'EriEAS  it  wasiefolved  by  an  Afiembly  held  at  Ne-Jibern,  in  the  month  ol  April  one  thoufand  (even  hua> 
VV  died  and  cglity  that  a  law,  veiling  in  John  Hay,  his  heirs  and  afligns,  two  thouland  eighty  three  and  one 
third  .feres,  pari  of  a  furvey  ofiand  patented  by  the  late  Governor  Dob  it,  containing  fix  thouland  acres,  more  or 
lels,  in  Duplin  comity,  and  bounded  to  the  louthward  and  eaftward  by  the  (ix.run<,  and  Alexander  Stewart's  furvey- 
&c.  to  the  northward  and  weft.vardby  John Samp/on' s  and  Siuit/.'s  Luc's,  mould  puis  :  to  carry  whi;h  re. olve  into  ef» 
i,   \, 

II.  Be  it  thfrrfore  en:'i~}  d,  by  -tkeGeneral-Mffembly  ofihe  Stateif North  Carolina,  endit  is  hereby  ena&ed,  by  them** 
ttnriiyofthefame,  that  Willium  Dixtn  fames  Kenan,  and  James  Mo*ret  be,  and  are  hereby  appointed  commiffion- 
eis,  who  IhaltcaVift  to  be  fiirveyed  and  laid  off  usto  faid  John  titty,  inss  imalla  number  »f  lu'rveys  as  is  practicable* 
tiu  o  th-  ufand  ai  d  eighty  three  acres  aivd  one  third  ef  an  acre  of  laid  iand,  in  luch  manner  as  to  them,  or  any  two  of 
them,  may  appear  .-juft. 

HL  And  be  it  }u  ;bcr  enafi.d,  by  the  authority  afrefard,  that  the  furveyor  flinll  make  two  lets  of  plots  of  his  fur- 
veys,  one  copy  o:  which  he  is  u>  deliver  to  the  faid  John  Hay.,  and  the  other  into  the  regifters  effice  of  Duplin  county, 
there  to  be  i  I  b>   the  proper  officer,  wliic:i  record  fhall  be  ectprelfed  to  be  inane  purfuant  to  this  act. 

IV.  And  be  it  fitrt  cr  cud;  I,  by  the  'authority  aforeta'td,  that  the  Iheriti'and  comrniflioncrs  of  conriicated  property 
3fv»r Dunlin  county;  ore;  her  of  them,  fluli,  an  J  they  are  hereby  directed  to  give  to  John  Hey  aforeiaid,  entry  and 
poflt  lilen  of  al!  and  ever >  part  of  the  aforelaid  two  thouland  eighty  three  and  one  third  acres,  to  have  and  co  hold  the 
fame  by  hiniielf,  his  heirs  and  alliens  for  ever,  againftall  perfons  whatfoever  claiming  otherwiie  than    under  Arthur 

Doibs  afcrefaid. 

• 
-— - ' — — — ' — — ■     ■ 1 — 1 -— ««. 

VII  Year  of  the  Independence.     The  i Sin  of  April,   1783.     Firfl  Sefiion. 

-Chak  XXIV.  An  cR  for  the  fromotitn  of  learning  in  the  dif/ricJ  a/"  Wilmington. 
I.  TT  7KEREAS  the  good  education  of  youth  has  ihe  nioft  direct  tendency  to  promote  the  virtue,  increafe  the 
\  V  wealth,  and  extend  the  fame  ol  any  people,  and  it  is  the'indilper fable  duty  of  every  JegmaYure  to  confult 
the  happinefs  of  a  riling  generation,  and  endeavour  to  .fit  them  for  an  honourable  did  harge  of  the  locial  dufes  of  life  - 
and  v.  hcreas  it  is  reprefenteo  that  a  put  lie  fe miliary  of  learning  is  much  dclired  in  thd  dtftfict  of  IFilmingfon,  and  thac 
lome  provifion  is  already  made  lor  luch  an  inliittuion. 

II.  Beit  therefore  envfled,  iy  the  Central  Ajjert I  ly  of  lit  Stateof  North.  Carolina,  rrd.it  is  hereby  cneficd,  ly  the 
authority  of  the  famt,  that  the  honourable  Samuel  AfM,:  Archibald  M'Laine,  William  Hill,  Thomas  JrTCuire,  John   ht~ 

from,  John  Hay ,  tile  honourable  Ma    ard  Star  key,  John  Lillirglin  and  Robert  Shaw,  ciquiies,  (hall  be,  and   ihey  are 
ereby  tlecLred  tobe  a  body  ccrpor'ate,  to  be  known  and  diftmguifhed  by  the  title  oi  the  trultees  of  Innis  Academy,  m 
the  ddlrict  of-fVUmihgtm ;  2nd  that  die  laid  iruiiees mall  appoint  annually ^out  of  their  own  body  a  prefide nt,  -fecrera- 
ry,  and  trealurerot  the  corporation,  and  they  the  faid  trtiftees  (hall  keep  a  public  ft-al,  and  the  \^v..e  m-y  alter  and 
amend  at  pUaf'.ue  ;   they  ■  f  ol  luing  cr  beii  g  fued  at   law  ;   they  may  purch'afe  hinds,  and   the  liime  rif. 

poie  of  at  pleafure  ;  they  maj  rective  donai'^i  s  and  leg-iciii  in  money,  lands  and  other  property)  provided  the  inter- 
elf,  rents  and  nett  profits  1 1  their  capital,  fiiall  not  a;  .n.y  tin.e  exceed  three  thoufand  Spanifl)  iniikd  doil  :rs  ptr,  an. 
rum  ;  in  general  they  fu..  dg  or  maj  do  -  1  jch  th  i  gs  as  are  ul'ually  doi.j  by  bodies  coi;por<ue and  .pulitic,  or  Akih 
*»  mv)  be  necelLry  lor  tUcpiy:..ctiWi  oi  lean;in^  aud  virtue. 


10$ 

IK.   <t)ilbei?fwtktren!ift;d,'byth*iribhvtisi  afi-eVtd,  that  the   rruftees    having  purchatcd  or erected  proper 
fcftilJtrtgs  for  a  public  femin :.  ry  in  Come  convenient  p.irt  of  the  diftrj&i  mail  employ  one  or  more  teachers,  by  the  name 
cffi  ftor,  profe&vfis  and  tutors,  whotp  they  may  remove  or  di'plaee  if  they  (h<>uld  find  st  nsceiTjrv. 

IV-.   And  be  it  fu-iher  en  18  d,  ,  rity  afwefi&d,  that  the  truftees  (ball  appoint  their  pafeUc  vifhaiions  ofths 

oc.;de:n/  Jiue  in  e .e;v  fis  in  mi  •  ,  ■  ■  i  fct«ey  fli  !l  t ..amine,  wlwt  prSgnefs  is  made  by  the  fevernj  Shidente,  at  which 
viiitadons  they  may  for  the  one  i  irago  n  .  of  learning,  give  certificates  10  any  (indent  concertttngstfee  progrefs  they 
jnny  have  mule  in  a  .y  k  ecies  cf  iear.;i,    .  i/ded  aivayt,   they  ih..il  not  on  any    atcour.t    graa*  degrees    or  titles,. 

fuch  as  batchelor  or  matter  of  arts,  or  (\  iStor  in  any  faculty.. 

V.  And  be  it  farther  en ifted,  by  the  authority  difarefaia\  that  the  truftes  fhall  not  in  any  cafe  fell  public  lands,  op 
«Ji(pofe  of  pnbiic  property  unlefs  when  a  majority  of  the  board  is  prefeut,  or  during  their  fkated  half  >  early  v'.fitations, 
nor  then  unlefs  written  notice  had  b/eeri  gi»e"n  bv  the  prefi  lem  or .fecretarjr.  to  each  irwaiber  at  leait  four  weeks  be- 
fore the  v  [nation,  lignifyng  the  propoled  ditpofkion  or  fale. 

VI.  And  he  i:  further  er.ac.7ed,  by  the  authority  aforefaid,  that  on  the  death  of  any  truftee,  or  in   cafe   any    truftee 
Jhou'd  refufe  to  ferve,   or  fliould.  f>  tar  negleft  his  duty  as  to  abfent  himlclf  from  the  itaiedor   extraordinary  meetings. 
of  the  board  for  two  full  years   choremining  truftees  coniUrrHfg> the  leaf   ot  fuch  deceafed,.  refuting  or   ablentmg 
laember  as  vacant,  (hall  at  their  r,;xt  ule&tvng  cifd  foirie  proper  perfon  to  i'erve  in  his  place. 

VII.  Awl  be  it  farther  cnaclet,  fry  the  authority  aforefaid,  'hit  no  redo-,  profelTor  or  tutor,  fhall  or  may  at  aDy 
*ime  be  elected  or  chofena  truftee  of  the  academy  ;  the  governor  ot  the  ftate.  for,  the  time  being,  though  not  a  truitee, 
anay  at  any  ti.ne  of  their  visitations  rake  a  ieat  with  them... 

VIII.  Andbeit  further  enailsd,  bv  the  authority  aforefaid,  that  the  reftor,  profeflbrs  and  tyiors  of  this  academy, 
,and  all  other  academies  and  public  i'chools  in  this  ftate  eltablilhed  by  law,  fhall  be  exempt  from  military  duty  during 
their  continuance  in  thofe  offices,  provided  the  number  of  teachers  in  any  of  the  laid  acaden^es  or  public  fchools  fh-'U 
.not  exceed  three.  Provided  alf'o.  that  all  fcuclars  and  itudenis  entering  into  the  laid  academy,  or  any  other  pubic 
fchool,  and  being  of  the  age  ot  fifteen  years  or  under  at  the  time  ol  entering,  mall  during  their  co.'uinuance  thereat 
be  exempt  from  all  military  duties. 

IX.  And  be  it  further  evaded,  by  the  authority  aforefaid,  that  nothing  contained  in  this  act  fJiall  be  cenftdered  as  ten- 
ding to  prevent  the  truftees from  dtttingiitfliing. their  public  hall,  their  mufcum,  or  their  library  by  the  names  cf  fuch 
perlons  as  may  within  twelve  months  give  th»  molt  liberal  donations  to  the  feminary.. 

X.  And  whereas  Jama  fnnis,  late  of  New-Hanover  county,  deceafed,  did  in  and  by  his  hi!  will  and  feftarnent 
devife  and  bequeath  to  certain  publ  c  officers  therein  named,  the  houfe  and  plantation  where  he  commonly  refjded 
commonly  called  Point  Pleafant,  with  other  lands,,  negro  flaves,  and  other  things  in  the  laid  will  mentioned,  tor  the 
ufe  of  a  fchool  in  New-Hanover  county  ;  and  whereas  the  laid  legacy  and  devile  yet  remains  to  be  received,  and  the 
faid  houfe  and  other  bu  Idings  on  the  plantation  aforefaid  have  lately  been  deftrojed  by  tire,  in  order  therefore  that 
the  teftamentary  donation  of  the  laid  James  Innis,  and  all  other  donations,  diviles,  and  bequelts,  which  may  have 
heretofore  been  made  towards  erecting  a  fchool  or  feminary  of  learning  in  the  county  ot  New. Hanover,  or  in  the  dillricV 
«f  Wilmington,  generally  be  applied  for  the  £0od  purpolf  s  for  which  they  were  intended  ;  be  it  enacled,  by- the  autho- 
rity aforefaid,  that  all  fuch  donations,  deviies  and  bequefls,  heretofore  made  for  the  purpofes  aforefaid,  lie  and  they 
are  hereby  vetted  in  the  faid  truitees  and  their  fuccedbrs  for  ever,  for  the  ufe  of  the-  feminary  intended  10  be  erecled. 
by  virtue  of  this  act ;  and  the  faid  truitees  are  hereby  impowered  and  required  to  lue  for,  recover  and  receive  the 
fame  and  every  part  thereof,  and  to  take  all  lawful  ways  and  means  for  that  purpofc. 

XI.  An.l  whereas  from  the  firuation  of  the- faid  plantation  called  Point  Pleafant,  and  the  want  of  buildings  thereon,, 
to  fulfil  the  intention  of  the  donor,  it  nnv  be  found  expedient  to  dilpofe  of  the  fame,  and  of  fuch  other  real  eltate  as 
the  faid  Jameslnni  s  bequeathed  tor  the  ufe  of  the  f  hod  as  aforefaid  ,-  be  it  therefore  entered,  by  the  authority  a/o'ef  aid, 
that  if  the  faid  truftees  or  a  majority  of  them,  fhall  judge  the  fame  expedient,  they  may  fell  and  dilpofe  of  all  fuch  real: 
efhte  of  the  faid  James  Innis  as  has  been  devifed  for  the  ufe  of  fuch  fchool ,  they  giving  fuch  public  notice  of  the  in. 
tended  iale,  and  fuch  credit  for  purcnafe  money,  as  may  bs  ntcfiflaxy  for  the  dilpofal  thereof  to  the  belt  advan- 
tage. .  . 

XII.  Provided,  that  the  truftees  herein  before  mentioned,  fhall  previous  to  their  entering  on  the  execution  of  the 
trull  repofed  in  them  by  this  att,  peivehaad.  to  the  court  of  New-HwMber county,  payable  to  the  Governor  for  the 
time  being,  and  his  fucceflbrs  in  office,  in  the  fumot  five  thoufand  pounds  fpecie,  with  condition  that  they  fhall  well, 
and  faithfully  apply  and  accourt  for  all  gifts,  donations  and  monies,  which  they  may  receive  in  coalequcnce,  and  by 
Virtue  of  this  act  for  the  purr ofes  aforelaid. 


Chap.  XXV.  An  ad  for  appointing  the  feveral  peifnns  therein  named  to  lay  out  thejlrefls  in  Upprr-Cambleton,  in  Cum» 

berland  c  ounty,  and j  or  the  future  regulation  of  the  faid  town,  and  giving  a  further  time  for  faving  cf  lots  in  the  J<jwef 

town,  and  aifo  for  altering  the  name  of  Cambleton  to  Fayetteville. 

I.    v  tc  7HERh>AS  the  coaiufion  occasioned  ay  the  late  war,  the  town  of  Cambltton'm  Cumberland c»unty   fhft  conti« 

VV   nues  in  its  former  irregular  form,  notwithstanding  an  act  paffed  at  Newbern,  intitled,  anaflfor  the  re?u!atu 

1ti  of  CambJeton,  and  ereclins,  public  buildings''  ;  and  whereas  the  faid  town  from  its  convenience  to  the    weftem  fet. 

tleaienu  aaU  tVuc  eafy,  tranfpoVuiion  oi  goods  down  Capc-Iear  river,,  mult  ueceilarily  become  a  great  mart  for  the  Pro- 


109 

Wuce  cf  the  i.iier'or  country,  and  many  of  the  inhabitants  of  the  fald  town  being  now  making  preparation  for  repair- 
jncr  their  houfes,  or  erecting  new  ones,  it  becomes  necefTary  that  the  ftreets  fbould  be  regulated  without  delay,  fo  as 
to  occallonas  liule  expenceand  iricohveiiierice  as  pofhble  to  the  proprietors  Of  lots  and  houles  :  and  whereas  it  it  found 
by  i  xpenence  that  appointing  commilfioners  tor  the  purpofes  aforefaid  wto  reliJe  in  the  faid  town,  will  not  arfwer 
the  intention  of  this  act,  the  jarring  interest  of  different  parties  preventing  them  from  agreeing  upon  any  one  plan  ; 
for  remedy  whereof,     *p.   81. 

II.  Be  it  ouB.'d,  by  the  General  AffetnbJy  of  the  State  qfNorth- Carolina,  and  it  is  hereby  enafi-d,  by  the 
iiithvity  ofil>efame,  that  from  and  after  the  pafliBg  of  this  act,  the  town  of  Carrffleton  mail  be  called  and  kno.vn  by 
tnc  na  :.e  j."  Fayett'cvilk.  and  the  two  parts  thereof  mall  be  dift  nguijlhed  by  the  name  of  the  upper  and  lower  town  ; 
and  ibat  "Thomas  Waie^  Tames  Gifitfpie,  John  Hay,  Thomas  Owen,  #,  fey,  Matthew  Jones*,  and  Thomas  Per* 
fan,  E'qcs'r.s,  or  a  majority  of  them  be,  and  they  are  hereby  appointed  commiflioHersfor  laying  out  the  ftreets  of  the 
faid  town  in  the  roofl  regular  and  convenient  manner  m  wine;;  ti«  fame  can  be  done,  and  with  as  little  injury  to  the 
proprietors  oi  lots  and  hollies  therein  as  may  be,  ai  d  that  the  principal  ftreets  be  one  hundred  feet  wide,  and  all  o- 
if.er  lfreets  as  wide  as  the  particular  (ituatibn  of  houles  and  lots  will  admit  ;  and  the  faid  coromiifionets  or  a  majori- 
ty of  them  are  hereby  dire/ted  in  lay  nut  a  fcjuare  or  fquares  tor  public  buildings,  in  fuch  part  of  the  faid  tonn  as  may 
be  found  mod  eligible,  and  of  fuch  ground  as  may- be  offered  /or  that  purpofe  by  any  bf  the  /aid  proprietors,  bid. 
take  a  conveyance  or  conveyances  cf  the  fame  lor  the  ufe  or  ufej  for  v.  hjci:  fuch  iquare  or  fquares  flia.il  be  fo  laid  oti^ 
an  J  |et  apart. 

III.  And  wheieasitmay  be  convenient  and  neceflar  y  to  hy  out  ftreets  fo  as  to  include  houfes  and  lot1;,  or  part'  of: 
lot?,  and  many  of.  the  Tots  in  the  faid  upper  town  arever/Iis'al' and  jrre'guiar,  and  run  back  diagonally  lrom  the 
ftr  ets  as  they  row  iUn;l,  and  may  probably  continue  much  in  the  Jame  direction  when  the  ftreets  (hall  be  laid-  off 
as  by  this  act  directed  ;  be  it  therefore  entitled,  bv  the  authority  afire/aid)  that  the  c»mmiflioners  of  the  faid  town  (hall 
avoid  as  much  as  pbffible  the  laying  out  ftrceis  fo  as  to  include  houfes  which  they  may  deem  of  any  confiderable  value, 
and  where  it  ir.ay  be  necetlary  to  by  out  ftreets  which  may  include  the  whole  or  any  part  of  any  lot  or  lots,  the  fame 
portion  of  ground  which  the  proprietor  or  proprietors  thereof  now  pc fiefs  fhall  be  laid  joining  the  new  ftreet,  in  the 
nio.t  convenient  form  fo  as  to  contain  the  lame  nun  bej  oi  fquare  feet  which  fuch  proprietor  or  proprietors  nowpjlTefs 
Sefpetlively,  ar.d  she  lots  behind  foch  lots  fo  to  be  ia:d  <  if.  (hall  go  backwards  progrefiivelv,  ontill  all  the  lets  (hall 
be  laid  out  according  ?o  the  plan  to  be  eftabhlhed  in  ■•  r;ue  of  t  .is  act,  and  when  the  ftreets  and  lots  (hall  all  be  Ia:d  off 
8'id  a  certa'.ned  as  afon  fa  d,  the  cemmJlTiociers  iha,!  c>n;r  tne  oack  lots,  (which  they  are  hereby  directed  to  take  from 
ground  not  hi  hertb  laid  out  inio  iots)  nice  valued  by  a  jury  of  fix  freeholders,  three  to  b»  diofen  by  the  proprietors 
of  ihe  ground  ..r.d  three  by  the  comrnilLoners  ;  fuch  fn  eholder;  to  be  indifferent  with  refpect  to  the  parties  concerned, 
who  are  directed  and  hereby  impowered  to  fummbns  theui  o  attend  and  value  upon  oath,  to  be  I'dminiftcred  by 
the  |aid  commiffiouers  or  fomo  oi  iheai,  the  back  lots  j  which  oath  (hall  be  in    the  following   form,  to  wit  : 

YOU  and  every  cf  ycu  fbd!  well  and  truly  appraile  the  lot  of  ground  now  (hewn  you,  containing  in  width 
feet,  in  length  feet,  according  to  the  beic  of  your  judgment,  to  the  furn   of  money    which    v.ou'id   have 

been  it,  rcjl  value  previous  to  palling  of  an  adt  intituled,   An  £&  for  altering  the  name  of  Cambleton    to  Fayettevilie, 
ard  fir  ommijponers  to  lay  iff  ftreets Jar  the  regulation  of  the  upper  town,  and  for  giving   a  further  time  for 

favi  *.,  c*  lots  in  ihe  toper'. town. 

I  ,  .  A ;..  it  it  further  enabled,'  by  the  authority  afire/aid,  that  the  faid  commiffioners  in  their  difcrction  (hall  give 
fuch  time  as  to  them  (hall  appear  teafcnable  for  the  removal  of  any  buildings  which  may  be  fftuared  in  whole  or  in 
par',  on  any  n^w  ftreet  or  Itreets  to  be  laid  eft  by  virtue  o!  this  ad,  having  regard  to  the  value  and  prefen*  condition 
cf  Yuch  buildings,  and  the  cellars  and  chimnies,  if  any,  which  make  pare  thereof  ;  but  during  the  continuance  of  a- 
ny  I'uch  auilding  or  buildings  on  the  ftreets,  it  (hall  not  be  lawful  for  any  per  ("on  or  perfons  wharfcever  to  make  any 
repairs  on  the  fame  other  than  fuch  flight  repairs  as  may  be  neceflary  to  render  them  ufefu!  tor  the  purpofes  for 
which  they  may  be  intended,  10  be  adjudged  and  determined  by  the  directors  of  the  laid  totvn  herein  alter  menti- 
oned. Provided  always,  that  fuch  d'reftors  fhall  not  give  liberty  to  make  any  cellars,  build  any  chimnies,  or  render 
any  houfe  h:.hi:«ble  which  is  not  fo  at  preienr,  which  may  be  fituated  wholly,  or  in  part  en  any  new  ftreet. 

V.  And  be  zt further  evaded,  by  tie  authority  aforefaid,  that  the  faid  commifiionerc  (hall  caufe  an  exaft  furvey  to 
be  made  of  the  laid  upper  town,  and  a  plan  thereof  in  which  fhall  be  mentioned  all  the  ftreets,  palLp-es  and  lets  of 
ground,  ard  to  whom  they  belong,  according  to  the  information  they  may  receive,  which  plan  fliall  be  returned  to. 
the  next  feflion  of  the  Generd  Aflembly',  and  lodged  in  the  fecretary's  office,  and  a  copy  thereof  with  the  clerk  of  the 
counry  wherein  the  faid  town  is,  or  with  the  directors  herein  after  mentioned,  and  dial!  each  be  certified  by  the  com- 
mifiioners,  or  a  majority  of  them,  and  ail  funis  of  money  which  the  faid  commiflioners  lha',1  award  and  direct  to  be  paid. 
by  any  perlon  or  perfons  to  any  other  perl-on  or  perfons,  for  or  by  reafbn  of  the  fhifting  of  any  funation  for  rhe  con- 
veniency  of  commodious  ftreets  and  paffages,  fhall  be  certified  under  their  hands,  and  the  perfon  intitled 'to  receive 
the  hine  (hall  and  may  maintain  an  action  for  the  recovery,  before  any  jurifdiftion  having  cognizance  tiiere*.  . 
of. 

V.  And  be  it  further  enabled,  by  th»  authority  aforefaid,  that  the  faid  coiamifiloners  before  entering  upon  their 
•Ifice  ?■  '  t  '.i    '.fr  following  oath  before  any  Juitice  of  the  peaco  » 


a  i  o 

iA.   B.  do  ffe^vty  fwear  that  Tw'llwell  and  trtily,  dcebr&ng  to  Ihe  beft  of  r»y  judgment,  andwithvltprrjitnlceor  far' 
iidlity,  cau/e  to  be  laid  cjf  the fireets,  pajfiges  and  jauares,  in  the  town  c/Tayetteville,  furjudiit -to  'the  direftient  of 
■this  aSi.  '  SO  HELP  ME  GOD. 

VII.  And  'o-  the  good  government  and  regulation  of  the  faidtown  for  the  future,  be  it  enacled,  by  the  authority 
cforefuid,  that  Robert  Cochran,  Robert  Roiuan,  James  Patter/on,  Lewis  Barge,  Rob  ertfon  Mont  ford,  J 'ante*  Burgcs,  and 
John  Ingrum,  Efquires,  be  and  they  are  hereby  appointed  directors  of  the  fud  town  ior  tlie  prel'ent  year,  to  regu- 
late the  Itreets  and  keep  the  fame  clean  and  in  repair,  and  to  prevent  all  encroachments  thereon,  or  nulances  in  any 
pare  of  the  fad  town,  and  to  do  every  thing  for  the  good  government  thereof  agreeable  to  the  directions  of  this  act ; 
their  power  to  commence  immediately  after  the  commiifioncrs  aforcfaid  lhall  have  executed  the  trait  repoled  in  them 
by  this  act,  and  continue  until  the  fit  ft  Monday  in  January  nest  ;  and  on  the  laid  firli  Monday  in  January,  and  on  the 
firft  Monday  in  January,  in  every  fucceilive  year,  all  the  inhabitants  of  the  (aid  town  who  (hall  be  imitled  to  vote  for 
members  of  Aflembly,  iba'l  in  .pre fence  of  the  old  directors,  and  of  the  fheriffof  the  county  in  which  the  laid  town  is 
fuuated,  choofe  by  ballot  I'even  directors  to  lerve  for  the  then  prelent  year,  and  every  director  fhall  be  reftdent  and 
have  a  freehold  in  the  faid  town,  and  fhail  have  full  power  and  authority  to  carry  the  determinations  of  the  commif- 
Gcners  with  refpect  to  the  removal  of  buildings  into  execution,  and  to  prevent  a  II  repairs  of  Rich  buildings  other  wife 
than  is  by  this  act, directed  ;  and  the  laid  directors  and  their  fucceflbrs  lhall  be  in  all  things  a  body  corporate,  may  im- 
plead  and  be  impleaded  as  (uch  for  any  injury  done  to  any  public  building  in  the  faid  town,  or  for  any  nulatiee  -in  the 
ftreets  or  other  parts  thereof  ;  and  tl  e  yearly  election  lhall  not  operate  fo  a6  to-diflolve  the  body  corporate,  or  lo  a* 
to  abate  any  action  in  any  court  wherein  the  laid  body  corporate  lhall  he  a  party  ;  and  a  majority  of  tlie  laid  .directors 
fhall  be  deemed  lufficient  to  determine  any  bufinels  ot  which  the  laid  directors  fhall  hav.exogmzar.ee. 

VIII.  Provided  always,  that  no  meciirg  of  tlie  director*  lhall  be  held  fo  as  to  decide  upon  any  bufjtlefs,  -unlcfs  no» 
tice  of  the  intei.ded  meeting  ligned  by  three  of  the  directors,  lhall  have  bsen  lef-  at  the  dwelling  honle  of  each  of  the 
other  directors,  at  le?(t  twenty  four  hews  before  the  lime  of  meeting.  Attdpi 'voided further,  that  fuch  notice  lhall 
not  be  held  valid  nr.lt  Is  the  dnector  at  whole  houle  it  llwlibe  lift,  Ih.ill  at  the  time  ot  the  delivery  of  the  .notice,    have 

-been  abient  at  lea.ft  three  days  from  the  laid  town. 

IX.  And  be  it  further  enabled,  by  the  authority  afore  fid,  thai  the  directors  fhall.  and  they  a'e  hereby  impewered 
to  lay  a  tax  upon  the  inhabitants  ot:the  fa.d  town  yearly  and  ever)  year,  not  exceeding  one  Hulling  for  .every  hundred 
pounds  of  their  taxable  property,  and  a  poll  tax  on  every  mile  between  the  ages  of  twenty  and  fifty  years,  whofe 
property  does  not  amount  to  the  vain"  ot  one  hundred  pounds,  to  be  levied  by  an  officer  to  be  by. them  appointed  lor 
that  purpofe,  and  applied  to  keeping  the  ftreets  clean  and  in  proper  repjir,  and  towards  building  and  keeping  in  re- 
pair fuch  bridges  as  may  be  neceflary  ;  and  they  fhall  take  bond  with  g'>od  fecurity  from  each  effker,  payable  to 
themleivcs  and  their  fucceli'crs,  for  tire  faithful  discharge  ot  his  uu  y,  and  for  paying  all  Tunis  to  be  by  him  collected 
and  received  to  the  faid  directors  ;  ant  the  laid  directors  lhall .  ppo  it  one  of  ther  own  tody  to  be  trealurer  for  the 
receipt  of  the  faid  tax,  and  all  penalties,  forfeitures  and  other  monies  by  then)  receivable.,  who  (hall,  give  bond  in  like 
manner  with  the  receiver  of  the  faid  rax.  I'rovidcd  alwaySj  that  the  tax  to  be  raifed  in  ibe  upper  town  Jhall  not  be 
liable  to  be  applied  tor  .keeping  the  llrfiets  oi  the  lower  town  in  order,  and  oviceverja. 

X.  And  be  it  enabled,  by  the  author i  y  aforefuid,  that  for  prevention  of  dangers  from  fire,  and  that  the  laid  town 
may  be  more  ealily  kept  clean  and  in  good  order,  the  directors  may  and  lhall  make  from  lime  to  time,  and  under 
fuch  penalties  as  they  (hall  choofe  to  impole,  not  exceeding  ten  millings  for  the  firlt  offence,  iweitty  for  the  lectnd, 
and  forry  for  the  third  offence,  fuch  orders  tha"  alter  a  fixed  time  to  be  hy  them  limited,  no  wooden  chimnies  (hall  be 
luffered  to  remain  in  the  faid  town,  nor  any  hogs  to  run  at  large  :  and  tlie  laid  direct;  rs  fhall  alio  l^y  a  penalty  fuch 
as  they  may  think  adequate  to  the  offence,  on  allperlons  w'ho  w  iifully  or  careleflly  neglect  to  obey  the  directions  of 
the  commillioners  for  la)i(]»- cut  the  faid  town,  -withrelpect  to  repairs  which  may  bemadeto  houfes  any  part  of  which 
mi/  fhnd  on  tne  new  ftreets,  rr  refuting  or  declining  to  remove  them  at  fuch  time  ac  lhail  be  prefcribed  ;  and  the  di- 
rectors lhall  and  may  by  warrants  under  their  hands  and  feais levy  fuch  fines  and  penalties  of  the  goods  and  chatties  of 
the  offender,  if  any  are  ro  bs  fountl,  and  if  not  may  commit  him  to  the  prilon  of  the  comity,  there  to  remain  fcr  fuch 
time  as  they  (hall  limit  and  appoint,  not  exceeding  ten  days,  and  ihe  directors  may  allow  to  the  officer  who  (hall  exe- 
cute their  laid  warrant  and  other  precepts  lueh  reafdnab'le  fees  as  they  may  think  pr.  per,  not  exceeding  tlie  tea 
■wind)  a  conltible  by  law  is  in  tilled  to  for  Terving  a  warrant  or  warrants. 

XL  Provided  always,  that  it  llnjl  and  may  be  lawful  fur  any  pcrfon  who  fliall  thirk  him  or  hcrfelf  aggrieved  by  the 
judgment  or  determination  of  the  ia;J  ;:ireciors  to  -iippe-l  from  fuch  judgment  ordet  r initiation  to  the-ctunt)  court  of 
Cumberland,  firit  giving  iecuriiy  to  prolecute  luch  appeal  with  tftccl,  or  in  cafe  he  pr '(he  fhould  be  ctft  therein,  to 
pay  the  coll  of  th_  court,  and  the  faid  cur:  is  hereby  irnpdvvejrecj  .and  directed  to  determine  in  any  luminary 
vry. 

All.  Ail  be  it  J:i>  t'-cr  enact:  d,  by  the  authority  afore/aid,  that  if  the  tax  herein  before  directed  to.be  laid  fhould  be 
fnu;  d  nf'iificient  tor  ksepii  g  the  itrcets  ami  bridges  in  proper  repair,  it  (hall  ai  d  may  he  Ian  i ul  ior  ;he  laid  directors 
cr  a  m  je-ity  ofthe  n  to  oblige  luch  o!  the  inhabitants  who  live  ,<■  ithin  ihe  laid  town  to  work  on  the  ftreets  and  biid. 
gc  ,    •   il  ior  neglect  or  r^luial  lhall   he  liable  to  the  fame  penalties,  to  be  recovered  by  a  warrant  from  the  director* 

aft  ref  id 

XIII.  Provided  always^  that  th;  faid  inhabitanls  feaJl  ttp'i  be  obliged  to  work  on  any jsther  public  roadsj  but  lhall 
}&  tvhi«iK'  exempt  tiierc/roja. 


Ill 

XIV.  And  whereas  moft  Gf  the  owners  of  lots  ir>  the  lower  town  have  regleciVd  to  procure  from  the  comtniflion. 
ers  appointed  by  an  ad  pallet  at  Nrwbern,  on  the  fecond  day  Of  May,  one  thonlar.d  (even  hundred  and  ftventy  ei>ht, 
intituled,  An  ail  for  regulating  Catnbleton,  and  ere'tlina  public  buildirgt,  and  grunting  titles  for  their  faid  lots*,  and 
■the  contused  a„d  unfettled  ftate  of  the  country  (iuce  that  time  has  prevented  proprietors  from  faving  their'  lots  agree- 
able to  taw  ;  for  remedy  where,  f,  be  it  entitled,  by 'the  authority afore/aid,  that  the  dire 'tors  appointed  bv  this  aJf, 
and  their  fucceObrs,  are  hereby  impo.\ ered  and  requ'red  at  toe  reqnelt  of  the  proprietors,  and  due  proof  being  made 
before  them,  to  grant  conveyances  tor  lots  in  the  laid  lower  !Ovn,  to  the  apparent  owner  or  owners,  his,  he,  or 
their  heirs  and  afligns  refpefth-ely,  and  all  fuchperlJiis  as  poilels  lots  in  the  laid  low  er  town,  fhall  have  a  further  time 
of  tive  years  from  and  after  the  palling  of  this  act  to  lave  their  lots  agreeable  to  the  directions  of  the  before  mention" 
■ed  act,  any  tiling  therein  to  the  contrary,  notwithstanding. 

XV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  in  cafe  any  owner  or  owners  of  lot  or  lots  in  the  faid 
lower  town,  Hull  Dy  forged  or  fraudulent  conveyances  it  documents  induce  the  directors  to  give  him,  her,  or  them 
any  conr-vance  or  conve>  antes,  for  any  lot  or  lots  which  does  not  or  do  not  bona  fide  belong  to  him,  her,  or  them, 
in  thai  caie  tuch  conveyance  or  conveyances  lhali  be  adjudged  void  and  fraudulent ;  any  thing  in  this  act,  or  any  law, 
uiage  or  cuftom  to  the  contrary,  notwithstanding. 

XVI.  And  that  fuch  frauds  and  co»in  m:iy  the  more  eafily  be  detected.  Be  it  enacled,  bv  the  authority  aforefaid, 
that  when  any  perlon  applies  to  the  directors  for  a  conveyance,  fuch  perlon  (half  not  only  prove  his  property,  but 
■leave  his  deeds,  documents  and  proofs,  with  the  directors,  with  a  l'ufficient  fum  of  money  to  pay  the  probate  and  re- 
giury  thereof. 

XVII.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  clerk  of  the  court  of  Cumber-land  county,  and 
the  rt-giiter  ot  the  county,  fh.ill  hold  and  keep  their  refpective  offices  in  the  faid  town  of  Fayetteville  ;  and  if  any  of 
the  fi'id  officeis  fhall  neglect  or  refute  fo  to  do  for  the  fpace  of  fix  months  after  the  pafling  this  act,  the  c.Ecer  fa  re- 
fusing or  neg'ttvt  ng  giailior  every  month  lie  fhall  be  a  delinquent,  forfeit  and  pay  the  fum  of  five  pounds,  to  be  rcco- 
veretl  by  a'uon  cfe'eht  m  tneci.rt  of  the  fail  county,  wherein  no  efloin,  injunction,  protection  or  privilege,  fhall 
be  allowed  or  admitted,  one  half  to  the  informer,  the  other  half  to  the  directors  of  the  faid  town,  for  the  litne  bein*, 
"for  ihe  ui'e  ol  the  town.     The  loft  Sedior.  Chfl.t^     p.  8t. 


Chap.  XXVI.   An  acl ftr  reguktiro the  town  of Halifax. 
I.   IT7HEKEAS  it  is  the  iutereit  of  every  Rate  to  regulate  the  police  of  its  towns  and  encourage  their  trade,  and 
VV    the  laws  heretofore  made  for  regulating  the  town  of  Halifax  have  proved  very  defective,  and   the  method 
in  ufe  for  appointing  comiuilTioncrs  for  the  town  is  inconfiftent  with  the  fpjrit  of  our  prefent  conititution. 

II.  Be  H  therefore  enaffed,  by  the  General  AJfembly  of  the  State  of  North- Carolina,  and  it  is  he- eby  enacled,  by  the 
autfaritj  if  the  fame,  that  rive  commtfLoner*  for  the  townci  Halifax  fhall  be  chofen  annually  on  the  f'eeond  Saturday 
in  Janeoi  every  year,  in  the  prtience  of  two  magillrates  for  the  laid  county  of  Hal'fax  :  and  every  perfen  w  10  is  a 
freeholder  in  '.he  faTd  town,  and  every  freeman  who  has  refided -there  for  fix  months,  and  has  paid  public  taxes,  flail 
be  qualified  to  vote  for  the  laid  commiffioners,  «  hich  crmmiflioners  when  chofen,  fhall  have  all  the  powers,  and  be 
pofl'eiTedof  all  the  rights  and  authorities  in  refpect  to  titles  to  publ  c  lo's  or  otherwife-,  which  other  former  ccmmifTi- 
oners  had  and  were  pofleiled  of,  fo  far  as  is  coiiiiitent  with  rhe  purview  of  this  act,  any  former  act  or  cuftom  to  the  con- 
trary, nctwi'hiianding- 

I I I.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  every  perfon  who  is  the  owner  of  any  lot  in  the  town 
of  Halifax,  (hall  within  fix  months,  after  the  palling  of  this  act,  caufe  the  fame  to  be -cleared  from  weeds  and  brufh, 
and  he  fllafl  ~eep  it  clear  ;  and  that  no  inhabitant  or  other  perlcns  he  permitted  to  keep  hogs,  aoats,  or  other  flock* 
to  go  at  large  within  the  laid  town,  except  horfes  and  black  cattle  ;  and  no  perlon  'fhall  lfr«;.n°a  horfe  in  any  public 
ittect  in  the  faid  to\vn  ;  any  perlon  offending  contrary  to  thele  regulations,  or  an)  other  jaws  fcr  regulating  the  po- 
lice ot 'the  to  vn  of  Halifax,  fhall  be  fined  by  the  trufkes  in  any  fum  not  exceeding  five  pounds,  to  be  recovered 
before  any  Juttice  of  the  peace,  for  the  ufe  ot  the  faid  town  ;  and  they  may  appoint  "clerk,  who  fhall  keep  a  fair  at:d 
complete  record  of  thetrproreedings,  and  be  allows  d  forthe  fame  out  of  any  public  ironies  in  the  hands  of  rhe  treifu- 

■rerfortf  e  laid  town,  fuch  bin  as  the  cornnwliionets  fhall  dcemadequEte  to  rhe  fei  vices. 

IV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  couimilh'oners  for  the  town  of  'Halifax  for  the 
time  bang  fhall  be  and  in  ail  things  act  as  a  body  corporate,  thai  may  ple;.d  or  be  impleaded  as  fuch,  and  bring  any 
action  againft  any  perlon  what  lot  ver,  for  any  bijur/.dohe  to  any  pubic  building  or  lots  in  faid  town,  in  rhe  fame 
manner  as  any  private  perlon  might  do  for  any  injury  done  to  any  private  pro;  e"ry,  and  the  intervention  of  the  an- 
nual election  fhall  not  be confidered  to  diiv'oive  the  body  corporate  fo  as  to  abate  any  action  depending  in  2ny  ccurt 
wherein  the  faid  body  corporate  n  a  party  but  the  new  comni'dVioners  fh.dl  in  every  refpect,  to  all  intents  and  pui-^o- 
fes  (except  as  to  any  refponlibility  for  any  abufe  of  office)  be  conlidered  on  the  fame  tooting,  and  Handing  in  the 
pi  .ice-  of  their  rredeceiTors,  and  a  majority  of  the  commiflioners  (hall  be  deen.ed  fufficiertt  to  detiJe  upon  any  bufir.cfs- 
Pr-oybl.  d,  that  no  meeting  of  tiie  cowmilfioners  be  belti  to  d.cide  on  any  bulimfs,  unlets  notice  of  the  intended  meet- 
ing, figned  bv  one  of  the  commiflioners  fhall  have  been  left  at  the  dwelling  houf'e  of  each  commillioner  at  leait  twenty 
four  hours  oefore  the  f.rid  intciing. 

V.  Jto3.be \tt f  itrthsr  en a <8ed}  by  th: authority  afar efiad\  tba*  the  faid  camniillioners  may  levy  a  tax  on  every  lot   in 


IIS 

the  town  alHaUfax,  r,ot  exceeding  twenty  (Linings  fpecie  p  er  amv.crt ;  and  they  may  icy  a  fcrx  not  exec;  Rf>g  twenty 
{hillings per  enn^n,  on  every  freeman  who  )i.isbeen'ajreQJerit  Wr'fix  months;  and  in  cafe  any  per'.ou  or  perlons 
thus  taxed,  (hall  refufe  to  pay  ttie  fame  cl  ir  lg  thirty  d  lys  after  notice  of  the  lame  in  writing^  he  or  they  (ball  be  li- 
able  to  an  action  of  deb",  to  be  brought  by  the  faid  ccm-niffioncrs  belcre  :iny  jnrifdiclion  having  cognisance  thereof, 
and  if  judgment  fhould  go  againft  hhtj  the  court  ihay  afTafs  a  tine  on  the  faid  defendant  not  exceeding  one.  half  oi  uie 
debt  !o  a  covered,  over  ana'abov;!  ths  fa  d  debt,   to  be  ab.o  applied  to  the  tile  of  the  faid  town. 

Vi.  Jr.J  be  it/wiher  enaQe  /,  by  the  authority  aforejall,  tbat  the  co.nmiilio  aers  (hall  appoint  one  of  their  body  t» 
ait  as  trealurer  to  receive  and  accou.-.r  for  all  public  monies  tor  which  a  regular  entiy  moft  be  made  on  a  bo  >k  Kept 
for  that  purpofe,  and.upon  the  app.>i.H;ns  it  of 'a  new  treafurer  the  dd  5ne  lit. 11  iihnisdiatefy  pa's  his  account  \  ic.i 
him,  and  pay  any  balance  ti.-rre  may  be  in  his  hands.  Provided,  that  before  J'uch  trealurer  enters  upon  h.s  ciace,  lie 
ihiU  give  his  bond  with  good  iecurity  payable  to  the  eommiffioners  for  the  faithful  difcharge  oi  his  duty. 

VII.  And  be  it  furiktr  enroled,  by  the  authority  aforefutd,  that  ail  hogs  null  be  allowed  io  run  at  large  in' the  faid 
town  while  the  firlt  chty  of  January  next  and  no  longer,  and  it  found  a;  large  iu  fajd  town  alter  that  date  la  ill  bs  Sub. 
j<fct  to  the  penalty  of  this  act. 

VfH.  And  tor  the  better  determination  who  fliall  be  qualified  to  be  elected  as  a  commifnoner  of  the  town,  le  it  en* 
titled,  by  the  authority  afore/aid,  that  nop-rlou  mall  be  deemed  qualified  to  aft  as  a  commiflioner  of  the  town  of  Hull- 
fax,  untel's  he  is  an  inhabitant  of  the  laid  tow  n,  and  hath  a  lot  therein,  with  a  houfe  on  the  fania  of  no  lefs  dimeiifi. 
on?  than  twenty  four  feel  long  and  fifteen  feet  wide,  with  a  brick  chimney  to  it. 

IX.  And  be  it  further  enabled,  by  the  authority  afire/aid,  that  each  coiiimiffid  lcr  before  he  enters  on  the  duties  of 
Lis  effice,  flia.ll  take  and  he  is  hereby  required  to  take, .  m  the  pretence  of  one  Jultice  oi  the  Peace  for  the  county  of 
Halifax,  the  following  oa-h  : 

A.  B.  thfwear,  that  I  will  je.ithfuliy  dif charge  the  ofy.ee  and  duty  of a  comruffoner for  the  town  of 'Halifax,    fgrcea- 


1 


bli  to  law  and  to  the  befi  of  pty  judgment* 


Ch\p.  XXVIIL  An  ailto  *"i'n\  an  a3,  tnt'fled,  ah  aft  for  regulating  the  town  of  Edentm.   p.   too. 
'  THERE kS  by  the  aforefaid  act  the  commifhor.f  rs  are  impowered  to  levy  a  tax  not  exceeldmg  ten  (hillings 


per  annum,  on  every   lot  in  the  town  of  Eddtiton,  but  no  penalty  being  fixed  on  perfons  refu'ing  or  ne- 
tlecting  to  give  in  a  lift  cf  their  low,  fome  have  therefore  re'fufed  or  neglected  to  give  any  account  of  them,  although 
Sten  required  by  advertifetnent  from  the  Lid  commiflib'ners  ;  and  as  by  the  laid  act  the  only  method  for  recovery    of     . 
taxes  due,  is  by  action  of  debt  in  a  court  of  record,  lor  which  reafonno  taxes  on  lots  can  be    recovered  unlefs    their 
»w  >ers  are  known. 

II.  Be  it  therefore  ene.tled.  by  the  General  Affembly  of  the  State  of  North  Carolina,  end  it  i;  hereby  enabled  by  the  an- 
iM'ity  pfthefame,  that  where  the  cvwne'r  of  any  lot  or  lets  in  the  town  of  Edenton  fhall  reful'e  or  neglect  ro  denver  aa 
arcount  or  lilt  to  the  commiificmer*  of  fa;d  town  of  his  lot  or  lots  with  the  r.nmbers  of  them  in  the  plan  of  faid  town,, 
-the  faid  conriniflion  :rs  may,  and  they  are  hereby  impo^ered  to  caufe  luch  lot  or  lots,  after  advertifing  them  thirty 
«ays,  to  be  fold  at  public  vendue  for  the  payment  of  the  taxes  due  on  them,  aid  the  balance,  if  any,  arifihg  from 
fuch'fale  after  paying  the  tax  due,  fliall  be  returned  to. the  owners  upon  application  made  by  diem  to  the  comtniflroh*. 
crs,  lirit  deducting  the  exg  ncqs  incident  tofuch  fale  ;  and  the  laid  commifuonerfor  a  majority  of  them,  are  hereby 
"jinpowered  and  autboriled'  to  grant  deeds  for  any  lot  or  lots  fo  lold,  which  mail  be  good  and  valid  in  law.  ' 

ilL  And  .whereas  the  law  aforefaid  directs  that  taxes  mail  only  bs  recovered  in  a  court  of  record,  which  is  fouud 
•tobe  inconvenient,  troubkfome,  tedious  and  expenfiW  ,  he  it  therefore  enafied,  by  the  authoi-ily  aforefaid,  mat  where 
the  amount  ot  the  taxes  doe  does  not  exceed  five  pounds  fpecie,  the  fame  may  be  recovered  by  warrant  and  tried  be- 
fore a  Jultice  of  the  peace,  who  (bail  have  the  fame  power  which  by  the  faid  law  is  given  to  any  court  of  record  in  the 
like  cafe.  ,  ,  .  , . 

IV.  Jnd  be  it  further  enabled,  by. the  authority  aforefaid-,  that  fo  much  of  Me"  law  aforefaid  as  comes  with  n  the  pur- 
"view  of  this  act,  be  and  is  hereby  declared  null  at  I. 


Chap.XXIX.  An  ail  for  purchafng  a  lot  or  lots  in  thetOeivnofW'Attifagov.,  for  the  purpofe  of  building  a  gaol  for  the  Vif* 

trie!  (^"Vftjimngton,  and  other  purpofes. 
J.    \J  7HEREAS  the  public  goal  frr  the  diUrict  of  Wilmington  has  been  eonfumed  by  fire,  and  it  being  neceffary  that 
VV    a  new    gaol  be  erected  for  the  county  offttrb  Hanover  and  the  faid  difttict,  and  it  bein 


gaol  be  erected  fo-  the  county  of  fteHf  HanoVer  and  the  faid  difttict,   and  it  being  fouud  on  cxamina 

O  .  ,,-  .  rt'l I.  £..    \~~\ «l.lntl^...1>r    ..^^^.trM...        .til*      -1       l|-»r        /\ 

t\  hereon 
lots  be  purchafed  in  the  la 


t-,on  that  tbe  lot  w "hereon  the  gaol  formerly  ftood  was  private  property,   and  it  being  abloluttly  neceffary  that  a  lot  oi* 
\4  town  of  V/ilmhglon,  h.-  ps  hereSftei  mmtitfttd,  fer  the  purpoles  aforefaid  ; 


II    Be  ft  therefore  enafied,  by  the  General  Afferribly  of  the  Slat?  t>f  tvorth-Carolmi,  audit  is  hereby  enacted,  by  th* 

muthorityof'tbefamet  that  7 homas  Brown,  C,  i  Jmies.  Hen,y    Young,    Thomas  Bhodworlh,    be   and 

they  are  hereby  appointed  trufiees  for  purchaling  ?.  lot  or  lot,  in-  be  faid  town,  and   lor    deiignmg,     contracting,    or 

uilmn^andniMfhjncaru^cientgaol  as  to  them  or  a  majority   :  f  rhem,    or  their   lurvivors,    fhall    feem   molt  pro- 

er  and  convenient,  whftn  ^'ao!  when  fo  erected  lhali  be  and  remain  the  gaol  of  the  feveral  counties  in  the  diftnct   c* 


F  . 
Wilmingtdiu 


tfli.IV.  V.  6  VI,  Obfolete.  ^  J 

V\\..  And  be  it  further  enaeltd,  by  th^e  authority  aforefaid,  thai  after  Iuch  gaol  mattbe  eretted,  when  any  perfous> 
ftallbe  apprehended  itor  any  offence  within  the  diftrict  aforefaid,  it  lhall  and  may  be  lawful  tor  the  Juftice  or  Jnftices; 
before  wh©m;fucb  oftender  (hall  be  examined,  if  ne  or  they  think  it  neceffary,  to  commit  iuch  offender  to  the  afore- 
laid gaol;  and  the  Iheriffot  the  county  for  the  time  being,  where  fuch  offender  fliall  be  apprehended,  i*  hereby  au- 
UiorMedand  req'tind  to  convey  fuch  oftender  to  the  faid  gaol,  and  deliver  him  or  her  to  the  flienffor  keeper  thereof, , 
apd  take  a  receipt  of  fucli  fher  iff  or  gaoler,  which  thai!  be.hisdifcharge.for  fuch  priloner. 

Villi  Anibc  it further  enabled,  by the  authority aforefaid,  that  after  the  laid  gaol  lhall.be,  built  as  aforefaid,  the. 
fljeriffof  the  county  or  Hevs-Hanover  lor  the  time  being,  is  hereby  direcled.and  required  to  employ  fome  perfou  of  in* 
tegrity  to.be.keeper  of  the  (aid  gaol,  who  during  the  time  any  perfon  committed  lor  a  capital  offence  lhall  he  in  laid' 
gaol,  (hall 'conttantly  refide  in. or. near  the  faidgaoI,,and  .take,  all  lawful  waysand.mrans  from  preventing  the  cfcapc  of 
iuch  offender.. 

Chap.  XXXIII;  AnjcVfortherelkfofThomM  Clark,  and  other  perfom  therein  named,  and  to  vejl  in  them  an  inde- 
feujibk  title  to  certain  landi,  .hereditaments,  goods,. chattels  i  rights  and  credit j,  formerly  the  effete  of  James  Murray, , 
andtotnabk  them  to  take  pofjitffion  thereof. 
I,  IT  7HERF.  AS  by.anacl  intituled,  An  ail  f*r  appointing  commiffionen  to  examine  tie  claims  of  Thomas  Clark  and 
VV  others,  again/i  the  rfitld  of 'jzmts  Murray,  and  other  purptfet  therein   mentioned* ,    which   aft  was  palled  at 
Hittfbbrougk,  at  :Ne.  Afllmbly  lad  held  there,  it  was  amongft  other  things  enacled,    that  Samuel  Afhe,    Alfred  Moory, 
Thomas  -Grmke,  John  Lillington,  C^let  Grainger,  John  Moor,  and  James  Gillifpie,    or  a  majority  of   them  mould  be, 
and  they  were  appoiiued  hereby .  comtnilfioners  to  hear  all  fuch  things  as  the  laid  Thomas  Clark  and*  others  had  f« 
forth  in  ,a  certain  memorial,  or, might  (let  torth,  or  might  urge  for  and  in  (upport  of  certain  cUimsby   them   made,  a-- 

Sainlt  the  laid  Ja.nes  Murrav,  and  to  receive,  all  fuch  prool  as  might  be  offered  by  the  laid  .TUmas  Chrk  and  .others 
iiememoruhlU,  or-osaecson  the ir.be naif;  which  proof  would. be admiffible.in  a.coua  of  equity   under  the  circurn- 
ftaoces  ol.the  memorial  tliersby  referred  to  ;and  it. was  further  enacted  that  the. faid  commiliioners  ihauld<ialfo.  hear.  • 
all  fuch  teftuiiony  as  (honld  be  offered  again  If  the<cfa:m  or  demand  of  the.  faidmeraorialifts,  and  for  .that  purpofe  mould 
lominuns  witnelles  <o  appear  ar.d.givi  e,  (knee,  •»»«'  the  faid  commiffioners.were. inverted  withftlU'poweri  to  effedt  the 
pjipofesoftneirlaid  appoiiimenr  ;   and  whereas  it  wasfurther  enacted,,  that  alter  the  laid  commiliioners  Ihould  have 
fully  heard  and  Considered  "     clai  ns  of  the  laid  Thomas  and  others  the  memorialirts,  if  it  Ihould  appear  totheir  fa- 
ttsfactou,   that  the  fid  James  Murray,  in  equity  .and  good  confeiepee  was  indebted  to  the   faid   Thomas  snd  otheri  ■. 
the  memoiwhlts,.  they  mould  certify  the  fame. to  the  next  General  Aflrmbly,  .that  further  proceedings  might  be  had 
thereon-,;  to  the  end  that  juiinc  might  be  doneirtjhe  preuiifes  ;..and  whereas  a  majority  of  the  laid  commiflionrrs  by. 
ascertain  .writing^mder  tlieichand*,  antl  now  filed\aroong  the  records  of  t(  is.AUembly,  have  certified  that  after  hav-- 
iftg  heard  the  u  hold  of  the  tefthnonv  offered,  to  them,,  they  find  that i the  fun.  of  nine  thoufand   and  twenty  feven 
pounds fe.jten  Shillings  ;uid  line  p#nce,lpecie  is  jullly  due  irom  the  eftateof  the  f*id  James  Mur.ray  tothe   faid   Thomae* 
Glark  andother  meinuriajifts,  a;id  that  .the  faid  eltaie  is,  in  equity  liable  for  the  payment  of  that  fum,  all  which  is  by 
the  faid  comiiMluMieribv  the  fa.d  writing. under. ttoeinhands,  dated  the  fecond  day  of  July,  one  thoufand. feven  hund- 
red and  eighty  two,  certified  to  the  Affembiy ,  to  which  certificate  the  names  of  John  Moor,  Alfred  Moor,    John  JLil* 
lingttn,  Caleb  Grainger,  Thomas  Craike,  James  GdliJpie,  in  the  proper  and  refpedtiye. hand  writing^ of  the  laid,coiu« 
inulionerj  are  lublrnbed  ;  :  *pt    102.  . 

IIj  Biit  .therefore  enacledb*  the  General  Afftmbly  of  the  State  c/North-Carolmaf  and  it^h  hereby  enacTed  by  the  am*  . 
thir  tty  iof  the  fame,  .that  all  and  fingular  the, lands  and  tenements,  goods  and  chatters,  rights  and  credits,  vithin  this 
ftate.  that  arc  of  the  efbts  of  the  laid^wAf  Murray,  or  which  wete  on  the. fourth  day  of  Juh,  in  the  year  of  our 
lord  one  thoufand  feven  hundred  and  leventy  fix,  or  at  any  time  lincetthe  property  of  the  faid.  James  Murray,  be  by., 
the  faid  commilfi  mera,  or  a  majority  of  them  npon  oath,  to  be  adminirtered  to. them  by  a  Julfrce  of  the  Peace, 
appra.fed.  to  their  true  value,  to  the  .belt,  of  the  knowledge  of  the  iaid.ccmuiiflioncrs,  which  oath  Hull.. be.  as  -follows, 
to  wit' .'  .• 

I  SOLEMNLY  /wear  thtst  I  wilt  tothe  bifi'  of  my  unierffandingt  jttftly  and  truly  value  the  lands  and  tenements,  gctJs  and 
chattels.,  rights  and  credits,  that  were  the  property  of  James  Murray  on  the  fourth  day  *f  July, .  cue  tbwf and  feven 
hundred  and feventy  fix,  .or.  at  anv  timefince,  fo  far. as  fuch  effellt  have  come  to  my  knowledge  ;  • 

and  the  laid  commiliioners  or  a  majority,  after  Iuch  valuation  made,  lhall  in  thtir  bcltdilcretion  fet  off  and  deliver  to 
thetfaid  Thomas  dark,  and  others  the  laid  memoriahfts,  ,fo.  much  of  theJaid.eftate  that  was  of  the  faid-  James  Murray,. 
real,'  perfonal  and  mixed,   as  fliall  amount  to-the  full  value  of  nine  thoufand  and  twenty  ■(even  pounds,  feven  millings 
and  five  petue  fpecie,  that  is  to  fay,  ratingSpanilh  milled  dollars  ateight  (lnllings  j)<r  dollar  ;  which  eltate  fa  fet  off 
and  delivered  by  the  fild  coinmiffioners  or  a  majority  of  them,  to  the  faid  Thomas  Clark  and  others  the  faid.    memori- 
alifts,  (hall  become  the, proper  lands  and. tenements,  goods  and.  chattels,  of  the, faid  memorialing,  to  be  and  inure   to 
the  faid  Thomas  Clark  and  others  the  memorialirts,  the  only  proper  ufe,  benefit  and  beheef,  of  the  faid  Thomas   Clark,, 
John  Innis  dark,  and  Anns  Hooper,  memorialirts  as  aforefaid,  their  heirs,  executors  and  affigns  for  ever,    fo    far  a», 
:hc  faid  Jama  Murray,  hit  heirs,  executors  or  jyiminidratois  refpectively  may  have,  or. may  have   bad  go  the.  laid- 

F.  a. 


3  Ii£ 

fourth  day  of'Jufo,  in  the  year  one  thqufandfeyen  fctmdred  and  feventyfnt,  any  eftare,  right,  title  or  inter*1!:  $ere- 
in;  3nd  the  laid  niemorialilts  are  hereby  declared  to  have  ;i  lull  and  ablolute,  and  ihdefeafible  eftate  in  fee  fr.iiple  in. 
the  laid  lands,  and  as  perfect  an  eftate  in  the  bid  goods  and  chattels  ;  faving  however,  and  always  referving  to  ail 
and  every  other  perion  and  perfor.s  whatfoever,  other  than  the  laid  "forties  Murray,  his  heirs,  executors  ana  aclnsi- 
niftraiors  all  right,  title  and  claim,  which  they  may  have,  or  might  H.tve  had,  in  the  lime  manner  as  if  this  act  had 
r.cver  been  made. 

ill.  And  be  it  further  enacled,  by  the  authority  aforefaid,  tint  the  faid  commiffioners  fhall  under  the  hands  and 
feais  of  themfelves,  or  a  majority,  grant  to  the  faid  niemorialilts  a  fchedule  of  the  property,  real  and  perfonal,  lb 
^et  eft  and  delivered  to  the  faid  memorialifts,  certifying  the  lame  to  be  the  full  and  abloiiue  property  of  die  faid  roc 
moriulifh,  and  to  have  been  fee  off  and  by  them  delivei  ed  as  directed  by  thisact  of  Aflcnibiy,  which  cc:-:::icate  to  the 
laid  memorialilts  lhall  have  with  relpett  to  any  lands  lb  let  off,  the  effect  of  an  abfolure  deed  in  fee  fi'inple^  and  with' 
refpect:  to  the  faid  perfonal  eftate  fofet  off,  lhall  operate  as  giving  a  lull  and  ablolute  eftate  therein,  with  the  livings 
and  refervations  herein  before  mentioned  ;  and  the  faid  cwntnifiiopcpo  (hall  certify  to' the  next  Affembly  all  and  iingu- 
Jar  their  proceedings  relative  to  the  matters  by  this  act  referred  to  their  determination.  JfX  V> 
I - 

Chap.   XXXIV.    An  acl  to  vefl  the  title  of  certain  knelt  in  Joleph  Herring. 
I.  X"\  7HEREAS  it  hath  been  made  appear  to  the  fatisfscYion  of  the  General  Affembly,   th.njo/eph  Herring,  of  /)u. 

V  V  plin  county,  did  purchafe  of  a  certain  Felix  Kenan,  age'rltlor  Henry  Euftdcc  M'C'uUicb,  a  tr,ict  of  '  w.d  in  th 
county  afbrefaid,  on  the  loath  fide  cf  rurkey  iwamp,  containing  three  hundred  and  forty  acres  fixmdbou:  d  d  a;  fol.  ' 
lows.  viz.  Beginning  at  a  fmall  maple  in  a  little  branch'  that  ttii'is  into  Gaylirs  branch,  and^runs  thence  north  thirty 
cjft  eighty  eight  pole  10  a  pine,  the  corner  of  a  furvey  that  lies  on  the  fouth'fide  of  Turhy  i'warnp,  thence  louth  Itxty 
leven  eaft  ninety  pole  to  a  pine,  thence  ictith  forty  fix  eaft  crolling  Gaylor't  branch  one  hundred  and  fifty  pole  to  a 
ftake,  thenre  louth  ten  well  one  hundred  and  ten  pole  to  a  black  oaK,  thence  loutn  fixty  three  welt  j'ixcy  fuar  pole  to 
a  pine,  thence  louth  feventy  nine  well  one  hundred  and  forty  lour  pole  to  a  pine  in  Zebulor.  llo!lings\\iorio''(>\\r\^t 
thence  north  fifty  weft  one  hundred  and  eight  pole  to  a  maple  his  upper  corner  in  Cayhrs'%  branch  thence  tip  the 
run  of  the  laid  branch  to  the  mouth  of  the  linall  branch,  and  thence  up  the  run  of  it  to  the  beginning  ;  and  the  laid 
joH-i!)  Herring  having  paid  part  of  the  pnrchalc  more;,  arid  frken  bond  bf  the  faid  'Felix  Kenan,  then  agent  to  the- 
fati  Henry  En/face  fl'fi/Uoeh,  to  make  liim  the  laid  J  of,  pb  a  Uuf.deiu  title  in  fee  fiuiplc  .to  the  laid  lands  ;  and 
wheieas  the  faid  M'CaUorh's  lands  in  fhis  Hate  arc  now  b-eosie  conhfeated  to  the  ul'e  ol  this  ftate,  and  the  laid  Jo- 
lifh  Herring  has  never  been  able  to  obtain  a  fufficieirt  title  to  the  fxld  binds  ; 

II.  Be  it  therefore  enaB-J,  f.y  the  Genet al  AJJemhly  of  the  State  of  JVorth-Carolinn,  and  it  is  hereby  enulled,  by  the 
a-tthv  i'v  of  th,'  j'.vne,  that  the  fiieriff  of  the  laid  county  ot  DUpliri  is  hereby  impbwered  to  receive  whatever  part  of  the 
pure-bale  moivy  is  )er  unpaid  from  the  faid  Jrfeph  Hirring,  his  heirs  or  am^ns,  provided  the  fame  be  tendered  in 
t'Vo>e;.rs  from  the  ratification  of  this  act  ;  and  the  laid  Ihcrjff'js  lierfb',  impowered  ai  4  authorifed  to  make  and  exe- 
cute umo  the  faid  j'ifeph,  his  heirs  or  allign?,  a  good  and  fa -indent  deed  of  conveyance  for  the  faid  buds,  all  vwhi.c/J 
proceeding-,  at  the  proper  colt  and  charge  of  the  laid  J  j:ph  Herring,  when  had  and  done  lhall  be  deemed  fuffident  in 
i'.-.v.'  to  \v'X  in  bini  all  the  right  and  title  4  hkh  this  Hats  Rath",  or  may 'have  acquired  in. and  to  the  fame  by  eonhlcatu 
oii,  forfeiture  or  otherwife,  3riy  law  to  the  contrary  notwithstanding. 


the  iz\d,Tf)Mijs  Hill,  anxious  ;o  promote  the  mier.it  ,,pd  advancement  of  his  fud  ward,  and  conceiving  it  to  be  tor 
her  benefit  and  'advantage  to  s;ive  io  the  fa  :d  hfefl  Co.he  »nd  tVinnifrcd 'his  wife;  a  compenfation  out  of  the  perfonal 
eftate  of  ihe  laid  FAi-nilth  H"iry  Bill,  I  :  a:  is  fart:  on  of  the  right  of  dower  of  the  laid  IVhmifred,  propoled  to 

...,„..,_       .  .......        ...  ,  .-      i  7i    ..       !•.•-.    Z1-I....I.    ,, n'.ll      ., „     . ^ 


ri.;'n,  title  and  intereft  cf  the  laid  EUzrhelh  Henry  Hill,  in  and  to  the  faid  Hayes,  and    every   cf  them,  wirri  the   in- 
creal'e  and  iflue  oj  the  fern-ile  flaves,   to  have  and  lb  hold  the  'lame   and  every  of   them,   to  the   laid 'jfo'iph  Cocke  'anil 


her  late  hidbaod. 

I  I.  P>ov:d(J  uki.iys,  and 'it  is  kerehy  further  enacled,  that  each  conveyance  and  delivery  fhall  not  be   made,  or  ba 
binding  upouthe  faid  Etizj'eib  Htnty  Hill,   the  minor,   until  the  faid  Jo/eph  Cocke,  and  H'ir.nifred  his  wife,   do  mak; 

r      i  i    j-i-  _  .        -L  -    i     ■  J     r-l: /  _../.    n nil  I       l_-r_ I  1..I]   .1.,'  1 -_-.".  u  __:  ^l_  ^    -  x   J  _  . 


Chap.  XXX  VI.  A  :  art  to  v eft  the  fee  jimple  of certain  lands  therein  mentioned  in   Thomas    Eaton,    his   heirs  and  of. 

liens. 
I.  VT7HEHEAS  D.rStd  Minge,  of  the  State  of  Virginia,  by  his  lafl  will  and  teftament,  did  give  and  bequeath  to 
V  V  hit  daughter  fltpry  two  tracts  of  land  and  plantations,  containing  twelve  hundred  and  eighty  a'cres,  lying  in 
W*rrcn  courtv  in  this  fta.e,  \v5ih  remainder  in  cafe'  of  failure  of  heirs  of  her  body  lawfully  begotten,  to  his  ion  David 
Mi?ge,  and  the  heirs  of  his  body  lawfully  begotten,  forever  ;  and  whereas  the  faid  Diary  after  her  fathers  death  did 
intermarry  with  Michael  Wall,  and  afterwards,  to  wit,  on  the  nineteenth  day  of  March  in  the  year  one  thoufanci  (e- 
ven  hundred  and  feve-'tv  eigUf,  did  with  the  laid  Michael  Wall 'and  David  Minge,  the  heirin  remainder,  for  the  con- 
fidertition  of  the  fum- of  iioe  llnllinjs,  fell  and  convey  by  de^a  of  bargain  atxl  lale  to  Thomas  Eaton  of  the.  county  of 
U'.trrev,  in  thi*  ltate.  and  his  heirs  and  alfigns  for  ever,  the  laid  tv.  o  traces  of  land  and  plantation,  one  of  which 
tracts  is  bound'  d  as  fbfh*w«  :  beginning  at  a  black  gum  on  (tone  houle  creek..  William  Comries  corner  tree,  thence 
running  with  his  line  fundi  fifteen  degrees  ea'd  tht'ee  hundred  and  twenty  pole  to  3  white  cak  in  the  fork  of  petty 
creek,  thence  weft  ore  Imni.-ed  and  rit  t  y  pole  to  a  db£*6*Sftl  rree  on  the  (Wlfi  of  ftoi-re  hnni'e  creek,  thence  the  wind- 
ings of  Hie  fa;dcr.-?k  -o  the  firft  fbatibn  ;  arid  fKe  other  iratfs:  bounded  as  follow*  .-"beoinnino- a;  a  white  cak  on  the 
welt  fide  of  front  houle  creek,  thence  rUtrnJrly  fonth  ibieehundred  and  iixiy  poles  to  a  red'oak,  thence  eaft  tv\o  hun- 
dred  and  eighty  five  poles  toa  red  o-jk,  thence  north  tlir#e  hundred  and  lixiy  poles. feVa  red  dale  in  the  faid  Mino;'$ 
!in:,  thence  by  hi*  line  welt  to  the  beginning  ;  and  whereas-  perpetuities  in  ail  wtll  governed  ftatts  are  injurious  "and 
particularly  contrary  tothe  fpirit  of  t  ur  conltitution,  and  as  there  appears  to  be  no  fraud  «r  covin  in  the"  fortgoinir 
trnnfact.  on,  but  that  the  whole  was  co.id.ifled  with  the  content  and  approbatiouof  the  heit  in  remainder 

II.   Beit  therefore  enacted,  by  the  Gcner  J  Affimbly    of  the  State  of  North- Carolina,  and  it  is  he-ehy  cnailej,   hy    the 


Eaton  ;  any  thing  either  in  law  or  equity  m  .lie  contrary,   notwithfhndii  g  ;   but  raving  and  referring  10    all    others 
but  thofe  claiuiing  by,  from  or  under  David  fifing*:  their  richt  and  title  to  the  premife.s  afor«fa;d. 
~  *>  i 

— — 1 1 '      ■ ■ ! ■  '■  ■- 

Cha?.  XXXVII.  Jr.aSftovcftthetiikofa^ceorji.7i-cil>flun-nyinginCr.mdcirico:or!j;  in  Ifanc  Guilford,    ar.d  hi; 

heirs,   in  fee  jimple. 


I  >r,  then  running  north  ninety  pole  to  ;  poplar,  then  north  fi't  fr.  f  dejjre  ss  wVli  flurry  p'ofe  16  it,?  d-.r  /.•';  c's 
line,  then  alonjg  laid  Sander  liAe's  !me  touth  fifty  five  degrees  welt  twenty  Wt  po  e  ta  a  hu ■'■•■,  then  foutb  I  I  f  kuiui;  cd 
and  ihinv  t*o  pole  to  an  old  marked  line  called  Cornelius  Jones's,  then  nlonp  thu  line  about  rtfi  h  Wveur*  c'"pes 
sad     ' 


IL    Bc'itthSrefjreenaficd,   h   the  C.r.ril  Afjemtfv  of  the  Hf^te  'f  KcxxV-C;  r<  '-a     cnt'.'U  ,-,/:    e^.^.d,   by   the 

.   ■■]'.! -fine,   i  hat  ,'V'r.'  D:<\,be,  Th.m,.s  ftichots,   utrd  NaHraW  Skthiike*,   <.•.•:■   i.<  ?6per^ 

i  t!ie  laid  county  of'C  :»den,  or  any  two  of  theiri  be,  and  are  hereby  ami  on!:  t!  t:   n,  .ke  .  nd  on.  cbte   m no    ihe    laid 

Jf.i  -v  C 'tiff  or,}  a  good  and  lofri.ient  deed  of  conveyance  to  him,    his  heirs' and  alfii>i1:  5  1  00.  r  all  «lii,'i   rlrtoceVdings    to 

-  ;      i.-rroit  oftne  fai'd  ffjec  Qniijtrd-,  nn.l  v.hen  »hc  f-io  deed  liiou.J  bt  luiL  .xcuud.   tht    Hin'e  li.all   \ai 


116 

in  the  Aid  Ifaac  Cufiford,  his  hpir^  an?l  affigns,  all  tke  right,  title  and  interest,  which  this  ftatc  hath  to .  the  faid  land. 
in  virtue- of  3Jiy  eoiihfcation  law  heretofore  made,  pjjjt  law  or  ufage  to .the  contrary  r.otwithftanding.. 


\j\7^^j^§it..n,;»s  aPP«red  to  this  Aflembly,  that  Richard;'  henderfon,  Tboma+Hari,   "John  Williams,  Willi  at*, 
VY   John/Ion,  James  Hogg,  David  Hart  m&  Leonard; Hfnly  Bullock,  Nathaniel  Hart,  ■M\&JohnLaiteril,  John  Car- 
ter and  Robert  Lucas,  have  been  at  great  expence,  trouble  and  rilquc,  in  making  a  purciiale of  lands  from  the  Cbtrokcc 
Indians  ;  and  jyhereas  it  i>  but  jult  that  thej  fhpuld  have  a  compenlation  adequate  to  their  e 


Chap.  XXXVIII.  An  cS  to  vefl.cet  tain,  landjs  infeeftfnple  in  Richard  Henderfon  and  others. 

Richard;  henderfon,  Thomas-  Hark,  John  Willia  ,. 
Hfnly Bullock,  Nathaniel  Hart,  and  John  Latteiil,  John  Car. 
e  of  lands  from,  the  Cbtroiee. 
expence,  rilquc  and  trou.. 
ble  aforefaid  ;  '       ' 

II,  Be  it  therefore  enacled,  by  the  Central,  Affembly  of  the  Stpte  of  North-Carolina,  that  two  hundred  thoufand  acres,,, 
be,  ano*  are  hereby  granted  to  the  faid  Richard,  Henderfon,.  Thomas,  Hart,,  John  Williams^,  William  John/ion,,  James r-j 
M°£St  David  Hart,  and  Leonard  Henly  Buitpck,  the. heirs  and,a!ljgns,  or  devilees  of .Nathaniel  Hart, de.ceafird,  and  the 
heir>  and  alfigns  or  devifees  of  John  Luttrel,  deceafed,  ta  Landon  Carter,  heir  of  Jobn.Carter,  dpcealed,.  his- heirs  and. 
ailigas  for  ever,  and  to  the  heirs  and  devifees  of  Robert  Lucas  ;  the  faid  two  hundred  thjoufand  acres  to  be  laid  out  ii»- 
•ne  furvey,  and  •vithin  the  following  boundaries,  to  wit:  beginning  at  the  old  Indian  tow.nv.in  Powell's  vallev,  and>.; 
runninp  down  Powell's  river  not  lels  than  four  miles  in  width  on  one  or  hoth  fides  thereof  to  the  junction  of  Powell's 
and  .Clinch river,  then  dqwn  Clinch^ er  on  one  or  both  fides,  npi  lei's  than  twelve.,  mjles  in  width,,  for.  the  afprelaidt. 
complement  of  two  hundred  thoufand,  acres. , 

HI.  Provided,  that  the  aforefaid  rragt  is  laid  out  and,  furveyed  by  thsgranteaa  before  mentioned,  on  or  before  th«; 
]au\day  of  next  November,  oiherwife  any  perfon  eptering  apd  furveying  any  part  or,  parcel  thereof,  agreeab'e  to  the: 
laws  of  the  date,  may  and  Hull  obtain  a  ti.de  to  the  lame,  any  thing  herein  contained  noiwithftanding  -,  and  the  laid, 
two  hundred  thouland  acres  to  be  divided,  among  the  faid  grantees  in,  the  following. maimer,  to  wit  ..•   ten  thoufand  a« 
cies.at  the  lower  end  thereof  ,to  Lan&on  Carter^  bis  heirs  apd  afligns  forever,  and, to  the  heirs  or  devilees  of  Robert 
Lticps;  and.  .the  remainder  thereof  in  the  following  manner,  to,wit  s  ope.eighth  part., thereof  to  Richard  Henderfon^ 
his  .heirs  and  aifigns.qr  devifees  ;  on.e  eigbth i  pat*  thereof  to,  Thomas  Hart,  his  heirs  aud.aflignsor  devilees;  one  eighth,. 
p*rf  thereof  to  John  Williams.,  his  heirs  and  alfigns  or  a*e,yifees.;  one  eighth,.,  part   tbeieot  ,to,  William  Jobnflon,    ris,. 
hejrs  and  alfigns  or  devilees  ;   one  eighth  part  thereof  tp  James  Hogg,  his  heirs  antt.afligns.or  devifees  ;  one  fixteenth 
paj;t  thereof  to  David  Hart,  his  heus  and  afligns* or  devilee*  ;.  and  one  .fixteenth.  part,  thereof  to  Leonard  Henly  BuU 
lork,  hishtirs  and  affigns  or  devifees.;  one  eighth  par-t_tbereof  to  the  heirs  and. affignsor  devifees  of  N athaniel Hartf 
deceafed  ;  and  one  eurlwh,patt  thereof  to  rlje.  hejr*  and  alfigns  or  t  devifees   of  John  Luttrel,    deceafed   ;  to. hold. .to,.. 
them,  their  heirs,,  alfigns,  or  devifees  respecijwely,  for  ever,  according  to  the  aforefaid  proportion  in  feyerahyas  te->_ 
iiantj  in  commci;s,  and  net  as,  joint  tenants  ;  and  th>s  grant  (ball  and  U  hereby  declared  to  be  in  full  cqmpenlation  to» 
the  laid  pcrlons  tor  their  charges,  trouble  and  rilque,  and  for alj  advantages  accruing  therefrom  to. this  ita.te. 

-  VI.       .,        ,  X1.1       .M...IJ     I.    .  I         |  .     I    1  JJ        .     1IJ  IU  .L.J,'.,, I.        I  U     ■     I  ■'      U      -  J LL        "■  -  ' 

CiuiJ.  XXXIX.  AnaQlo  encourage  John  and  James.  Bonner,  junU*,  »/Beanfort  co«»/y>  to  clear  and  make  -  a  road 

through  the  great Jwanf>  ana\ mat  At  on  tfic  j  out  h  fide  0/ Panipjico  'iver,  oppofite  the  town  of  Wrfhingion. 
I.  XXTHLREAStheettabliflimeutof  a  terry  acrof? Panxplico  r  vex  at,  the  town  ol Wfifhington, _  and,,  the.  charing  a. 
»  »     road  and  making  a    caule.way  through  the  fwamp  and.mirlh  pppofite  to  the  laid  town,,  iptp  the  old  road  the. 
neaceft  and  befr-way ,    will  tend  greatly  to  the  encouragement  pf  the.comjnercc  and  improvement  of  Use.  faid    town  1- 
and  as  John  Bonner  and  Jamet  Bonner,  ire  principal  owners  of  the, lands  through  which  the  road    mull  pafs,  and  where 
the  ferry  fhoukl  be  euabhfhed,  and  they  having  (tgnified  to  this  Attemfejy  their  confent  and  d  efire  to  clear,  and  make 
the  faiJ  road,  and  caufew.**  »t  tjiejr.own  exp^nce,%prQvided  the  property  «f  thejerrw  mig^ht  be  ieeiired  to,  and  vefttd.  i 
in  them  • . 

II.  Be  it  therefore  cnaBfd  by  the  General  ./ffembly  of  the  State  of  North. Carolina,  .and  it  it-  hereby,  enaclfdby  the  *«, 
Ihority  of  the  fame,  that  the  faid  John  Bonner  and  James.  Bonner  are  hereby  veiled,  with  full  and  abfolute  power  to  lay 
off,  or  caufe  to  be.  laid  off,  opened  and  cleared,,  a  good  and  fufficien'  roadiroai  thefhorepppofitf  to  the  laid  town  ot 
rV*f})tngton,  the  neareft  and  beft ■„ way  into. the  road  at_pref*nt,uled,  a^leaft  fixteen.  feet, wide,  logged  , and.  covered, 
with  upland  earth  where  the  liime  may  be  neceflary,  and  caule  the  faid. road  to  be>c«mpleaifd  in.  eyery  refped  in,» 
good  and  fufficient  manner,  fo  as  to  be  .paflable.for  ^avellers,  waggons,  and  all  other  carriage?,  .  on, or  before-,  the 
hrltday  of  Novembtr  next,  and  aifo  procure  and  provide,  good  andlu%ientbp»ts  and  other  .crafji  fqr  thc.tranfport.a- 
xion  of  travellers,  thejr  hprfes,  carriages  aqd, effect ». aerial^ the  faid  PampJico  river,  to.and  ftpm  the  faid  town,  that  r 
then  the  property  of  the  laid  ferry  on  both  fide,Mhe  river,  tp  and  from  the  faid.tpwn  Iliajl  be,  and  it  is  hereby  *eiied 
in  the  faid  John  Bonner  ani  J*mes  Bonntr  their  heijr*  and  aligns,  for  and  during  the.ierni  p{  niacty  nine  ycart,  to- 
gether.with  all  and  fipgular  th»  profits  and  emolument^  arifing  therefrom. 

HI,  Provided,  that  it  (hall  for  ever  hereafter  be  in  the^ppwef  of ,tbe  cpur»  of  the  county  of  Pitt  to.afcerWP.and  h* 
^he  rates  from  time  to  time,  as  they  fhall  judge  neceflary  to  be  paid,  by..tr?Tellers  and  others  for  crofllng  or  paffing  the 
faul  ferry  ;  and  in  cafe  the  faid  John  Bonner  and  James  Bonner  will  fajj  or .oegleft  to  compleat  and  finifh  the  laid  road£, 
to  the   fatisfaaion  of  the  faid  court  of, Put  county,  by  reafons  to  be  approved  of  by  the  taid  court,  whea  a  majority  of 
all  :he  Jtiltuccf  pf  the  faid  county  are  upon  rt^beacb,  that  then  it  mall  and  uVay  be  Uwf|Jtfof;f^9.Jaid  court  to  caule. 


fail  rca-<!  to  be  layed  cfF,  r.rd  grant  by  thiT  order,  th*  power*   ,tii:'.  prr.'.leg";   rnftuiioiied  in    th  S  kI  to  fufti  other 
ij^ribu  o.psrfoa:.  as'they,  ihail  ihi.ifc  proper  j  who'nriy  b'e*  willing   and  defrrous  to   undertake  and   c'osnphateihe  faid 


a  reafoajb'e  ti  ,;-•,  to  be  jy  I'^'l  of  hy  t  re  fhid  co'arrj  .1  id  in  th  it  ctfe  the  iYd  court  Cull,  an  !  they  are  here- 
ed  with  full  and  abfolu  e  power  .  >  grant  the  property  of  the  laid  ferry    to  fitch  p  rfori  or  perfons  who  flull   ;w 
le  to  their  order  complete  the  i.i  I  «oi  k,  in  as  fall  :iaJ  ample  mauner  as  the  fa  113  U  by  this  ait  veiled  in  the  laid 
'jj'?r.  aiid  "Jamas  Bm,  ers,   their  1  sirs  ahrl  alfignr. 

1  V.  dad  be  U  further  emcled,  by  t  •e  auti  irlty  ciforefai .,  that  wEea  the  fiicl  road  (h  ill  be  finifhed  and  the  ferry  e!la- 
blhlu-d,  the  pro;:*  .e:or  pr  proprietors  thereof  IhiK  en:er  frtc  bonds  with  good  and  fufBcient  fecurity,'  in  the  county 
court  of  Pitt,  to  !.:  ep  got.-.!  and  fuffi  :inu  boats,  in  good  repair,  sod  proper  attendance  m  the  (aid  ferry,  a:iJ  alio  flu!] 
keep  i  h?  !.:  t!  re.  .d  il'uri  yg  the  I.i  i  u  r;n  in  good  ar.d  lufftcierit  repair,  and  be  fubieci  (or  non-pei  tOrmatJce  bfhfs  or 
they;  duty,  (pail  the,  painsatHJ  psnalfios  waich  the  laws  of-this  fhte  do  now,  or  way  hereafter  inflict  iipori ferry  kefcp- 
ers  a  nd  ovetlcers  or  co/mi)iffiouers  of  road.;  for  neglect  of  duty. 


GtlAP.  XL.   /tn  oil  io  amevd  rn  fd,   hilitted,  "  an  ret  to  veil  the  property  of  a  bridge  or  content  ay  in  Gttkon  Lam'r,  and 
ins  heirs,   by  Ivm  already  built  through  the  great  Dilmai-iJwan.p,   iion\l.cbe.>:/:oi:  to  QarnhdcKt  lor  the  term  ol  twen- 
ty five  years."   p.  S3. 
i,    -i  X  "-'Mbl-iiD  Li  the  i':id  Gideon  Lstmb  and  his  heirs,  are  hy  the  laid  recited  act  impowored  to  krep  a  fufBcieut   gate 
VV    on  t  lie  laid  bridge  or  cailfewayi   for  tiie  purp.ofe  of  taking  toll  ;   and  whereas  by  the  laid  recited    act  the  laid 
Gidttitt  Lamb,   bis  heirs  or,aifigns,  are  under  no  obligations  to  keep  t: .c  laid  bridge  or  cauleway    in  go.>d  and    ufficaeiu 
repair,  and  is:  for  travellers  to  pals  with  iarery  ;  and  whereas  i"  appears  from  t!:e  petition  of  a  gr  jat   number,  of  the. 
inhabitants  in  the  environs  thereof,  that  the  laid  bndgeaud  cauleway  now  is,  and  alwavs  hat ii  beefn   lVr.ce  the   paffing 
pi    lie  ft  d  aft,  in  a  ruinous  and  dangerous  condition,  and  is  liable  to  become  intirely  ul'elcls   to  tne  public  ;  lor  reme- 
dy whereof, 

11.  Le  it  euacled,  by the  General  Xflembly of tlftSiaie  of  North  Caroliha,  and' by  tiie  etttkor  il'y  of  the  fame,  tbat  the 
Tufiices  of  t.ie  i.oarL  of  Camden  conn  y  are  lien  bv'  auttioril'ed  und  mipaweredj  at  trie  tirtt  court  neld  for  the  faid  Lonn- 
ty  alter  the  palling  of  this  aiT,  to  nominate  and  appoint  three  refptctible  Iteeh'olders  to  view  and  infpect  the  faid 
i'-ridge  a;:d  caa'ea'ay,  which  freeholders  or_any  two  of  them  are  hereby  required  to  malts  a  return  to  tne  rext  court; 
the  li:o  cr;nry  on  oath,  ol  the  date  and  condition  ii  me  fvd  bridge  am  cauleway,  at  tie  time  of  their  ,iew- 
i.;.;  the  Ja  ne,  and  if  i:  (hall  appear  to  til!  'atisfsctioh  of  t  le  1-.  d  court  that  the  uid  bridge  and  eatjl'eway,  or  anv  part 
thereof,  is  out  of  repair,  and  u.  in  for  travellers  and  car;  iage^  to  pals  anti  repaf-,  with  lately,  the  iaid  cotirt  is  Iri  .y 
auU:ori!ed  and  impo.ved  to  ordrr  the  heir",  executors,  or  affigns  ol  the  faid  Giuton  Lamb,  to  pull  ciowti  the  faid  ware, 
or  any  oib'e."  impedirnen't  which  may  be  creeled  thexebn,  which  order  ih.i  1  ue  certified  by  the  clerk  of  the  laia  court, 
and   feryed  hv  the  lueriif  ..f  i  lie  laid  county. 

I  if.  Anil beit  enacted,  by  the  authority  aforefaid,  that  it  fhall  not  again  be  lawful  foi  anv  perfon  or  perions  to  fee 
up  any  gate  or  other  impediment  on  the  laid  bridge  or  caufeway,  until  it  fliail  be  node  app  ar  to  the,  laid  court  by 
two  oriuore  fcteholders  on  oith,  that  the  laid  bridge  and  cr.ulev.  ay  appears  to  be  in  good  arid  fufficienl  repair,  and 
lit  (<  r  tra. a  i  er-  and  cai  riages  to  pais  with  mt  difficulty. 

IV.  .4iifl.be  i(  further  enoEied,. by  'the  uut'hqrity  Afare/aid,  that  if  the  heirs,  executors  or  affigns,  of  the  faid  C'u'eou 
Uunb  fh/JI  neglect  putting  the  faid  hrjdge  and  cauleway  in  good  and  lurticient  repair,  to  tie  latisfaftion  ot  tne  faid 
court,  v.i'.Li.:  tw  o  years  after  tne  pafling  of  this  aft,  then  the  before  recited  aft  to  be  r.uil  and  void  to  all,  intents  a.ul 
purpofes  whailoever,  any  lav,- or  ulage  io  the  contrary  notw.ithfta.ridih'g. 

C'MAP.  XLI.  An  ecl  to  xcjt  the  this  if  certain  Itindt,  and  other  property  therein  mentioned,  in   Thomas   Coacn,  James 

Cotton,  and  thiir  /i/,er._ 
I.  \\7HEREA?  by  an  aft  of  AfTembly.  pafied  at  \\v.<bem,  in  the  \  ear  one  thoufand  leven  hundred  and  feventy 
*  *  feven,  tommonlv  called  the  act  of  confifcaiion,  and  by  other  afts  made  fince  that  period,  all  the  efhte  real 
^nd  perlonal  of  a  certain  James  Cotton  i;  declared  confiicated,  and  direfted  tr>  l)e  fold  for  the  ufe  of  tne  (late  ;  and 
whereas  it  appears  to  the  General  Aflembly  that  7h  r.as  Cation  and  Jams :■  Cotton  (who  were  minors  at  the  time  the  a- 
Forclaid  James  Cottou  incurred  the  pains  and  penalties  of  high  trefoil)  have  on  all  cceafions  fisiCi  they  came  of  age 
to  aft  lor  thein'el.c  s,  behaved  'S  good  and  faithful  citizen;,  and  on  all  occasions  exerted  thendelve^  in  defence  of  this 
flate,  and.  the  liberties  thereof  ;  and  whereasjuftice  and  humanity  forbid  the  involving  the  innocent  and  deleaving 
v. i  h  .he  gui'ty  ;  v 

II.  Be  it  therefore  emtfled,  by  the  authority  cf  the  General  /tTembly  if  the  'tale  of  Ncrtb  Can Ira,  i  ha  t  the  afore. 
rnermoifed  afts  commonly  called  confilcat  on  afts,  be  and  aie  hereby  declared  repealed  and  void,  lo  far  as  it  relates  to. 
tne  eltite  real  andperional  of  the  faid  Jumes  Cotton,  not  heretofore  fold  apreeabie  to  law  ;  and  all  the  etlate  teal  and 
psriona!  of  the  laid  James  Clthn  is  hereby  declared  to  be  veiled  in  his  torn  Thomas  Citton,  Jatues  0,t:,n,  a:  d  their  fil  • 
«r,  to  them,  their  heirs  ar.d  alfigrts  for  ever,  tobc  equally  divided  between  t»em  :  aiay  la\y  to  the  contrary  notw-jtn, 
Handing. 


n8 

Chap.  XLIT.  An  aft  for  vefthxgth:  title  tfcerlilnlaids herein  mentioned,  7;jPvajph  Miller,  his  leirs  and  aff-^nt, 
I.  if7"HEli£AS  it  hath  been  made  appear  to  the  fatisfadion  of  the  General  Affembly,  by  fundry  affidavits,  &c. 
W  exhibited  by  Ralph  Miller,  that  the  regifter's  office  of  Bladen  county  hath  been  burnt  wherein  the  faid  ,-V///_ 
lers  deeds  were  regiitered,  and  that  the  houfe  ot  the  faid  Ralph  Miller  hath  been  alio  burnt  by  accdent,  and  his  laid 
deeds  for  certain  lands,  to  wit  .•  four  hundred  and  twenty  acres  fuuate  in  Bladen  county,  on  the  lout W  fide  of  the 
north  weft;  river,  joining  the  .lauds  of  John  Clayton,  beginning  at  a  black -oak  on  the  river,  running  thence  by  a  line 
of  marked  trees  fouth  forty-five  degrees  weft  four  hundred  and  fifty  poles  to  a  poll  oak,  thence  foutb  forty  five  de- 
grees eaft  one  hundred  and  eighty  pules  to  a  fnali  pine,  thence  north  forty  five  degrees  eaft  to  the  river,  thence  up 
laid  river  to  the  firft  ftation  ;  from  which  accident  ot  fire  the  faid  Ralph  Millet  huh  no  legal  ail'urance  for  the  before 
re:ited  lands  ;  for  remedy  whereof, 

II.   Beit  enacled,  by  the  General  AJfembly  of  the  State  (//"North  Carolina,  and  it  is  hereby  enabled  by   the  authority   of 
the  fame,  that  the- faid  Ralph  Miller  be,  and  he  is  hereby  inv»fted  with  abfolute  r  ght  in  fee  limple,  of  and  to  the   be- 
fore recited  tract  or  parcel  of  land,  containing  tour  hundred  and  twenty  acres  aforefaid,  in  as  full  and  ample   manner 
as  he  would  have  been  if  the  Jaid  deeds  and  records  had  never  been  burnt  or  deltroyed. 
, _ 

Chap.  XLTIf.   An  atl  for  eflablifhing  t-tpi public  fchools'in  the  county  of  Onllow,  an  I  fir  tther  purpofes. 
I.    "SY7JEFIEAS  the  eftablifhing  ot  public  fchoolsat  convenient  places  for  the  education  of  youth  will  be  attended 
W    with  great  advantages  to  the  inhabitants  of  this  ftate  ; 

II.  Be  it  therefore  enacled,  by  the  General  Affemblyofthe-'tateof  North-Carolina,  and  it  is  hereby  enacted,  by  the 
authority  of  the  fame,  that  George  Mitchell,  Reuben  Grant,  William  NeLnt,  Jo/eph  Liltiln  idgc,  and  John  i'ltfteur,  jLiqiureSf 
be  and  they  are  hereby  conlbtuted  and  appointed  tru^ces,  with  full  power  and  authority  to  receive  into  their  hands 
and  poQedion  all  monies  which  have  been  heretofore  or  may  hereafter  be  fubferibed  for  the  purpofe  of  erecting  a  pub- 
lic fchool  in  the  village  commonly  called  New. Town,  at  the  vp.o\il)xQf  IVh'ite  Oak  river,  in  Onflow  county,  a:  d  to  afk 
ix  and  demand  of  the  fever*!  fubicribers  all  funs  by  them  respectively  iuulcribed;  and  in  cafe  of  refulal  by  any  of 
them  to  pay  the  fame,  to  fue  for  and  recover  by  action  of  debt  in  the  name  ot  the  truitees,  the  film  which  the  perion  {o 
refuftner  lhall  have  fublcribed,  in  any  jurifdittion  having  cojraizanre  thereof,  and  the  monies  when  collected  and  re- 
ceived to  be  applied  by  the  faid  truftee.;,  or  a  majority  of  them,  towards  pufchafing  a  lot  of  ground  in  the  afar  el  aid  vil. 
lage,  and  for  erecting  thereon  a  fui  table  aid  convenient  houfe  to  contract  with  and  emplov  tutors,  a^d  to  perform 
every  ad  and  thing  which  they  or  a  majority  of  them,  (hall  think  uecdlary  for  the  advancement  and  promotion  of  the 
faid  fchool. 

III.  And  be  it  farther  ena<*fed,  by  tit*  authority  aforefaid,  that  the  faid  village  called  New-Town  fhall  be,  it  is  here- 
by cre„edintoa  town  by  the  name  ol  Swanfl'orough,  anJ  that  the  trultees  lor  tftetcbaol  aforefaid  lhall  be,  and  they 
are  hereby  appointed  commiliioners  ot  the  laid  toan  ;  and  in  cafe  of  the  death,  removal,  refufing  or  neglecting  te 
qualify  as  fuch,  it  fha!l.and  m  ly  be  Lawful,  for  ths  remaining  part,  or  m  ijoi'ity  of  them,  to  nemioate  und  appoint  others 
in  their  itead,  and  the  laid  commiliioners  each  ol  them  flull  befori*  entering  upon  their  faid  office,  take  the  following 
oath  : 

I    A.   B.  do  fwear  that  I  will  execute  the  office  'fa  comm'.fjioner  for  the   town  of  Swan/borough  faithfully,   impartially, 
and  truly,  without  favour,   affeclion  cr  prejudice,  and  -that  J will to  t  e  u'm'Jl  of  my  power in  all tilings  acl  for    the 
voidof  tbe  jaid  town,  and  the  well  governing  tfit,  to  the  bfi  of  my  fill  and  judgment. 

IV.  A*  I  be  it  further  enacled,  by  the  authority  afcrcf.i',  thai  the  cominiilioners  or  a  majority  of  them  fliall  appoint 
an  overfctr  every  firft  Monday  in  Jam  ary  annually  for  the  laid  town,  which  overfeer  fhall  fummons  all  male  taxable 
inhabitants  thereof  to  clear,  repair  and  keep  in  order  the  itreets,  lines  and  pafiages,  belonging  to  the  laid  town,  and 
any  perion  refilling  or  neglecting  to  work  on  fuch  lim.mons,  or  futniifh  a  good  and  fufficient  hand  or  hands  in  Iiis  or 
their  place,  with  proper  tools  to  work  with,  fhaM  forfeit  and  pay  five  (hillings  fpecie  per  day  for  every  day  he  or  they 
{hall  lo  retufe  or  neglect,  to  be  recovered  in  the  fame  manner  -js  the  fines  and  forfeitures  arc  t/?  be  recovered  by  over- 
feers  ot  the  roads,  and  the  monies  lo  recovered  (hill  be  applied  towards  hiring  labourers  to  clear  and  repair  the  ftrtetss 
lanes  and  p.fflages,  or  anv  other  public  work  to  be  done  in  the  faid  town,  and  every  overfeer  appointed  as  aforefaid 
refu'.ingor  neglecting  to  lerve  as  overfeer  of  the  laid  town,  Ibali  torfeit  and  pay  for  every  fuch  retufal  forty  fhillings 
fpecie,  to  be  recovered  and  applied  as  above. 

V.  And  be  it  further  exiled,  by  the  authority  aforefaid,  that  every  perfon  exempt  by  law  from  working  on  public 
roads,  fhall  not  be  tlit'inTelvcs  compelled  to  work  on  the  fireets,  lanes,  or  pai'.ages  in  the  faid  to>vn. 

V..  And  for  the  better  regulating  the  l.ii<!  to.vn  of  Swanjbnfough,  be  it  enacled,  by  the  authority  aforefaid,  that  the 
faid  commiliioners  or  a  major! .y  of  them,  ihai!  have  lull  power  and  lawfni  authority  to  pafs  Inch  neceflary  rules  and 
orders  as  to  them  lhallJeeiii  meet  for  removinr  „U  nu:.!iices  within  thf  bounds  of  the  (aid  town,  tor  perlons  to 
reraoite  dr.  t,  and  rubbiih  1 1  om  before  their  do ars,  to  grin  and. clear  their  lots,  for  palling  down  all  wooden  (.hijn- 
nies  already  built  iu  th.  laid  town,   and  prevent  the  building  thereol  for  the  lutu.e,  in  order  to  prevent   danger    by 

VH,  Provided,  that  fix  months  notice  be  given  to  the  owners  o(  fn:h  chimnies  as  arc  already  built,  to  pull  down 
the  fame,  and  (or  all  other  things  as  may  tend  to  the  advantage  ol.the  laid  town,  fo.th._C  the  fame  be  sot  .erugnam, 
bu:  „s  u-ar  as  nr.'y  be  agreeable  to  the  lawjsof  this  ftate. 


Vl!t.  And  be  it  further  matted,  ey  the  authority  afore/aid,  that  tie  honorable  Edward  S'artey,  Efq.  James  Ho  u- 
grd,  Frederick  Hargett,  Lewis  Williams.  William  ihackleford^  and  Daniel  Yates,  Efqiiires,  be  and  they  arc  hereby 
conftitutcd  and  appointed  truftees,  with  full  power  and  authority  ic  receive  into  their  hands  and  pofleffion,  all  mo. 
nies  which  have  been  heretofore,  or  may  hereafter  be  iubferibed  for  the  purpole  of  erecting  a  public  f.hool  at  or  near 
the  Rich-Lands  of  New-River,  in  the  county  of  Onfbiu  aforefaid,  and  to  aik  for  and demand  of  the  fevera!  fub''criL.crs 
ail  fums  by  them  refpectively  fubferibed  ;  and  in  cafe  of  relufal  by  any  of  them  to  pay  the  fame,  to   fne  for  and  reco- 


—  perform  evary 

act  and  thing  whim  they  or  a  majority  of  them  ihall  thiuk  neceilary  tor  the  advancement  and  promotion  of  the  faid 
fchool  ;  and  in  cafe  of  the  death,  removal,  refuting,  or  neglect  of  any  of  the  faid  tinftees,  i  mail  and  msyJbe  lawful 
for  the  remaining  part,  or  a  majority  of  them,  to  nominate  and  appoint  others  to  act  in  thlir  Read. 

Chap.  XLIV.  Ah  aft  to  incorporate  t-ufrees for  two  academical  fchools  in  the  dillrift  o/ Moro-an. 
I.  "OF  it  enacted,  by  the  Gemi  al  Affembly  of  the  State  of  Nortn-Carolina,  and  it  is  hereby  enabled  by  the  authority  of  tire 
LJ  fame,  that  Mr.  James  Temp  let  on,  prefident,  and  Waightftill  Avery ,  Charles  M'Dowall,  William  Moore.  A- 
Uxaider  Irwin :  James  Greenlie,  BnijaminEllage,  Abraham  Denton,  and  David  Vance,  Efquires,  be  and  they  are 
hereby  formed  and  incorporated  into  a  body  politic  nnd  corporate,  by  ihe  name  of  prefident  and  trultees  of  Morgan 
academy,  ii:  the  county  of  Bwke,  and  by  that  name  fhall  have  perpetual  fucceflion  and  a  common  feal  and  ^the 
faid  prefident  and  truftees,  and  their  fucceffors  (hall  take  the  fame  oath  for  iheir  qualification,  mu'atis  mutandis 
and  thall  have,  hold,  exevcife  and  enjoy,  a'!  ihe  powers,  authorities  and  privileges,  which  the  prefident  and  truf- 
teesof  Liberty  Hall,  in  the  iounty  of  Meiilenkurg,  poll'efs  and  .are  inverted  with  by  virtue  of  an  ait  of  Affemb'y  for 
their  incorporation,  paffed  the  ninth  day  of  May,  in  the  year  of  our  lord,  one  thoufand  leven  hundred  and  feventy 
feven. 

II.  And  be  it 'fur 'her  enafted,  hv  the  authority  aforefaid,  that  Mr.  John  Ca-.fon,  prefident,  and  MefTrs.  Hszekuh  Belch 
Samuel  D oak :  Will'-amHeufton,  James  Heuflon,  Thomas  Stewart,  Daniel  Ker.ady,  London  Carter,  and  Robert  Ervjin 
truflecs,  be  and  are  hereby  formed  and  incorporated  into  a  body  po'iiic  and  corporate,  by  the  name  of  prefident  and' 
trulteesti  Mattn  academy,  in  the  county  of  li'afntigton,  and  by  that. name  Ihall  have  perpetual  fuccceJfion  and  a 
common  feal;  and  the  ff.id  prefident  and  truftees,  and  their  fucceffors,  Thall  talc  the  fame  oath  for  their  qualifi- 
cation, mutatis  mutandis,  and  fhall  have,  hold,  exercife  and  enjoy  all  the  powers,  authorities  and  privileges,  which 
the  president  and"tru(reCSkrf'  tsbirty-Hall,  in  the  county  of  fi&cfdenburg,  peffcls  and  aTe  invetted  v/;th  by  virtue  of 
faid  ad  for  their  incorporation,  paffed  the  ninth  day  of  May,  one  thoufand  feven  hundred  and  feven  y  feven  ;  and 
each  refpective  trealurer  appointed  by  virtue  of  this  act,  (hall  perform  the  fame  duties,  be  liable  to  the  fame  re- 
f.rictions,  2nd  give  bond   in  the   fame    manner    as    the   treafurer   appointed   by    the  above  recited  act   is   required. 

III.  Provided  neverti:tle/s,  arid  be  it  further  enafted,  by  the  authority  afrefaii,  that  this  aft,  or  any  thing  Herein 
contained,  fhall  not  extend  or  be  understood  to  make  thef'e  academies,  or  either  of  them,  one  of  thofe  f.minaries 
mentioned  in  the  conftitution,  to  ob'ige  this  flate  to  fupport  any  prefident,  profeffor  or  tutor  of  either  of  the  faid  a- 
cademies,  orothcr  charge  or  expencethereof  wbatfeever. 


II.  Be  it  tr.aftcd  by  the  General  Alfemlly  of  the  //fl/W/' North-Carolina,  and  it  ir  her, by  enaftedby  the  authority  ofihe 
fame-,  that  e-eryperion  or  perfons  who  have  erected  or  built  anv  ware,  dam  or  ftoppage  acrofs  the  river  afore- 
laid,  lhall  deftroy  and  remove  id  much  thereof,  within  fix  months  after  the  palling  this  aft,  as  to  leave  on- 
fourth  part  of  the  river  open  in  the  middle  of  the  fame,  for  the  pafpige  of  filh,  ant!  on  failure  or  neglect  fhall  pay 
the  fum  of  twenty  five  pounds  fnecie  tor  every  twenty  four  hours  fuch  dam  or  ware,  or  other  invention  fh.dl  ftani 
after  the  term  aforefaid. 

III.  Arid,  be  it  further  enafted,  by  the  authority  a f  re  fall,  that  from  and  after  the  pa  (hug  of  this  act  no  (lands,  dams 
wares,  or  other  ttoppages,  (hall  he  eredVd  fo  as  to  take  up  more  than  three  fourths  pi  thenar,  leaving  one  fourth 
in  the  middle  op  n  ;  and  any  perfon  erecting  wares  dams  or  other  inventions,  comrary  to  the  intent  and  mean- 
ingof  this  act,  (hall forfeit  and  pay  trre  fum  of  one  hundred  pounds  fpecie. 

IV.  And  be  H  Further  ena  7CJ  by  the  authority  aforefaid,  that  all  penalties  rhentionc d  in  this  ad  fha'l  be  recovered  a- 
ganft  any  perfen  or  perfons  who  may  incur  them,  in  any  court  or  record  by  anv  perfon  who  will  fue  for  the  fame 
one  ha'.f  to  be  applied  to  his  orthcir  own  ufe,  a  id  the  other  half  for  the  ufe  of  the  county  wherein  the  plai  ltitt  re- 
Gdes.  Provided,  that  nothing  herein  contained  fhall  extend,  prbecopftrtied  to  extend  to  pullin  r  down  or  de& 
jro/nf  any  wrter.griftmill,  which  may  be  on  Koanike  river,  any  tfrng  herein  contained  to  the  contrary  nct.vith- 
flaad.i  g.         The  loft  Se&im(ibJ '.:?;?.  ' 


Chap.    XLVIL  An  a3for  *J!a'$S>mg  <*  to-.une-t  the  land '/ '»■  *igtTy  /-•/  -g',jn  /sYVi  'i.m  Bgfl , ,?'  tbt  pta  tevrfare  t'<r:ai 

lead '.n,- '/'•-.  m  Salisbury  to  the  yheraws  'cilfss  thcr  a .'  /  d  i.wg/  •  »>  ■  :;ik  '■/'"  O'-''  Can)  '■■■  i,  <•<  A«Con  codify, 
I.  ?T  7IiEllli  i  i  it  h-4'.H  been  reprefented  to  t  '.is  Ad":  ;,b  v,  t;;,r  in  s  lie  ye  it  one  tl  jL...m.:.f.v-  n  hurt  ired  anUetgh* 
VV  ty  tsv'O^  i'i  r 1 1 1 y  a.rec-  o!  land  w  ...  purehafed  froin  '/';/< "'.<  n  /',/',  i  y  CapUJYi  r-  '■•  ~''Ck  Boggp  <  ~\  r  a  town,  and 
iVe  public  Ijuildiags  oF  livid  c  jud'.jr,  ah  i  the  f  id  /  «  ;-;-:  t  B'ogga  -  h  .th  tn'ere  ;  into  ba  d  10  convey  tiie  fid.  lands  as  he 
ilial!  be  direct  d  by  t.KeU,gifl.Vtii;-e;  w!  ieh  ; a i J  leyc.nty  acres  of  J„:ii  hath  been  laid  -  m  into  ha  i  acie  lot  ,  vr.tii 
Itreets,  &c.  arirt .an  accurate  plan  tne.cof  nude  reptfetjnting  the, ilrceis,  and  tlic  number  of  each  hi,  a  d  feveutv 
Jots  have  been  fijbfcribed  for  and  drawn  1  y  the  purfchafeis,  who  .r,  d'e.U£6u$  to  ia>p;o/e  tne  plan,  provide. 1  it  be  e- 
itabliflied  in  oa  town  'ey  au.hority  of  law  ■ 

il.  Be  if  therefore  eracjed,  by  i,  .-  i  e  u  i  <7  .-/'fen'dy  of  tee  State-.  q^Njr.d)  Carolina,  and  it  is  f):r:h'y  'enafled.  bv  the 
authority  lj  the  j  time,  ihat  the  i-dd  icrenty  net  a  of  land  be,  and  Jit  hune  is  hereby  con. tit  ate  I  er,  ••"\;d  and  eft  hi  (li- 
ed a  town,  with  ftreets^&c.  r.s  the  fame  are  ieprei;n:ed  oy  the  fiid  p. an,  an. I  dull  b;  ea  led  by  t  ie  name,  of  .Xeej- 
To-n. 

HI.  'And  be  it  further  enacted,  bv  the  authority  ef^refrd,  that  ihe  lots  number  Sixteen  .:nd  fort .'  fix  fh  ill  be  deemed* 
f  n  ed  lots,  lor  the  ofe  of  the  psorb-rr  county  baildings,  and  he  f  u-l  Putt ich  BvFg  tn  s  trereby  direct  i  to  m  ike  ovc-r  ihs 
faid  lots  by  conveyances  to  the  refieitive  pureha  er;i,  with  condition  to  he  va  d  o.i  faihn^  to  i;uhd  a  houfe  of  not 
lets  dimensions  than  twenty  ieet  by  li>ue.:n,  vvith  a  done  or  brick  chim  ie  ,  wj  hi  i  t-.o  y.aatj  f.om.  th&.  date  cf  thej 
detd,   and  in  e.ery  ca  e  where  iuc.h  failure  ihall  happen,  the  lot  iLuil  be  fold  again. 

tV.  A  i.l  be  it  t"i  in  r  eiu.fi  ■!,  hy  the  i'.'-hori/y  tt/.re/iiid,  that  all  ihe  monies  a  ili'ijr  fio.n  the  fde  of  the  rai.l  feven. 
*,y  lots,  and  the  fahs  if  torfci^ed  lots,  ii.ail  be  paid  into  the  hands  of  (he  cum  .i  lli  mers  h.'re.otore  appointed  by  law; 
for  building  the  court  ho.  f,  ptifpn  and  flocks,  for  the  faid  coumy  of  Anjm,  ac>orcan^  to.  the  agreement  of  faid, 
Patrick Bj)ggattt  and  the  federal  pnrcha.trs  cf  lott. 

CilAP.  XLVI1I.  An  afy-for  cutting  a.  cpzalfrqnl  Ckilifoot3rrt\4  ti  Harlow's  creek,  typpena  .communijts'.hn,  btt'ejeee. 

Neufe  river,  and  the  navigation  o/Old  Toefii '/»//er. 

.  T  X  7HEHEAS  the  open'ng  a  coctim'inicatioa  by  cutting  a  n-avi^ble  cauai  from  C!ubfo:ts  cr;ek  to  Hnrh'.'j's  creek 

\\      \vi  1    tend    to    promote   and    encou/age  the  naviga'ion  and  commerce  of  the  (tare,  by  opening  a  more  eafy 

and  fafe  ionveya.ee    for   the   proJuce    of  great    part   of    this    fta,:e}  to  the  aavigabk  and    fa.fe  harbour  of  _  Bea:i. 

jcrt; 

JI.   Be  it  therefore  enacj.edu  by  the.  General  dflemoly,  oft.  e  State,  of  Aorth-Cr.'-oh   a,  a  i-!  it  is  hi  r  >Ay  era  led,  bv  the  a  t- 

thotitytfthejame,   that  John  Bern  >■•-,    John  J  nes.    (  /r'f/'ih  r  f\  cale,  Jd.u  Fa/: ,«_   hmek  Ward,   Dedrick  Gibtj';   and 

•  "■■ed  commifnonferr  '" 

and  dtlig  i   he  ia 

feci  -the  naigatic 

pub'icfpi.ited  g 

to.a  commercial  country,  have  oik :r.d  to  cent:  ibute  to  the  fame  ;  t<e  it  therefore  aiacjed,  by  the  anthor-ity  aforejaid, 
ihat  til  •  faid  cera.niiii  ;n  rs  or  a  rh  j  r'ry  of  them,  are  hereby  impowere  I  from  tioie  to  tiase.  to  r.ceiv;  fubferiptiong 
from  any  perion  or  ptrlkns  who  m  iy  be  wil.ng  to  contribute. to  the.  faid  uudertaking.,  and  that  when  any  fum  or 
jLtms  of  money  (hall  b:  fubferioed  therefor,  and  thefame  not,beingr  gu  .tiiy  p  iid,  the  f-'id  coir.miffimers  i»r  a  m  jo- 
lky  of  them,  are  hereby  authorifed  to  commence  a6lions  for  t  ,e  :am.-,  in  an.'  jurif.iiflion  having  cognizm^e  there- 
t.f,  to  profecu-e  tive  ftnne  to  a  full  recovery  of  all  fuch  fum  or  (u  ns  of  money  fo  fa!)  cri'oe  1. 

IV.  /n:  I  I  e it  fur  '/'.;;■  c>uic7e  J,  b;  the  a-rhority  cjorjti  d,  that  it  may  and  lis  ijl  be  lawlul  for  the  f  id  commifiionero, 
r,;ii  tlvy  are  hereby  auth  mfed  and  i  npojveieh  tocuc  the  faid  caml  through  any  perfons  fmJ  where  it  flird  be  ne,- 
c»efT,ry  to  co  uinue  and  carry  the  fame,   any  law.  ufage  or  cultom  to    the  contrary   notw.thftandiog.      1  m'ided  r>e~ 

3    r{h*L  h ',   thj}t  l!1  damages  occalioned  by  tut  ing  the  faid  canal  through  the  lands  of  any  perfon  fhall    be   valued  by  * 
the  coun.:y  court,  or  bv  three  freeh  1  lers  on  eatli.   to  be  ciiofen  by  the  court,  which  value  (lull  be  pad  unto  the  pro- 
prietors ot  fuch  land  ny  the  commifTuner.  mentioned  in  this  a£t,. 

V.  a:iu  ,  e  it  iurher  -.tui^  d.  b:  the  ;t  -/'.'  ;'..';  a;  ,r,  fn'.d ,  that  the  faid  canal  when  cut,  r.nd  the  lan_'s  -ip  ropriated 
for  this  purpofe,  ihall  be  and  remain  for  erer  thereafter  for  the  u.'e  of  the  public,  and  (lull  be.  i'tee  from  «dl  to'.l£ 
v.'lutfoevcr. 


Chap.  L.  ,■',:  a  1  fee  altering  the  n.nne.  of  Jonathan  BionnoJus,  to  ih.it  <f  J  >aathan  Bryant. 
1.  ^TttHfiRKA'S  Jonathan  Jbronnncks  ci  Lvfiov)  county  in  this  il^te,  the  ion  of  Be'iiuty  B  o\nv.  ks,  now  the  wife  of 
y.y  j  J.,i  F,i\')i.',  has  trom  the  time  ol  his  nativity  hitherto  been  called  and  .known  by  the  name  of  •. ganatfian 
Lrznnoek  ;  and  where  is  for  fpecial  and  urgent  realons  the  laid  Jonathan  Bi -amuck  afyrelaid,  hath  eaint'ftly  petitirn  d 
and  prayed  that  the  name  of  the  laid  Jonathan  Lrannock  may  be  altered  to  tbe  \\i me  of  Jonathan  Bryant,  by  an  aift  of 
Afletnbly  for  tis.it  purpofe  ; 

1  :.  lie  it  therrfori  enahed,  by  the  General  AfTe-idily  of  the  State  of  North  Carolina,   and  il  is  hereby   e--.  [i .   '  ly  fie  'fill- 
il'^riy  of  the  fame,  tli  it  from  and  .^icer  the  r-iliiicauwi  ol  this  acf,  the  name  of  the  laid  fonatbait  Pronnoi  k  ik-ih  L-e  ..1 


Ju  lis  or  monies,  credits  or  cnatteis  whatever,  wnicu  irvni  <;r  may  De  given,  grained,  auignea,  conveyed  or  made 
payable  to  him  by  the  laid  name  or  Jonathan  Bryan:,  an  J  by  virtue  of  any  lift  will  and  teftamenr,  deed,  bill  of  fale, 
con/evance,   band,  obligation,  t>  11  pronifory  note,  or  other  writing  or  affumption,  of  or  from    any  perfon  or  perfoni 


»  Liic  fame  rem  iciitnib  a.  *u  niiiLic.i  iu  iuc  ja.iic    pr'vue* 

:  nativity  hitherto  been  called  and  known  by  the  laid 
name  ot Jonathan-  Bryant,  and  no  other  name-     *Sg  repeated  in  the  nil. 

Chap.  LJIL  An  aE^for fixing  on  a  place  in  the  c  runty  cfAnfon  for  building  a  court  houfe,  prifon  and/locks,  end  ftr  other 

bur  potts  therein  mintidrieii 
I.  f  T7HE?tEAS  it  hath  been  reprefented  10  the  General  AfietiWy  by  the  petition  of  a  large-  majority  of  the  inhabi- 
V  V  ta.its  of  Anfon  county,  that  they  labour  under  grest  hardihips,  and  are  much  diftreffed  tor  want  of  a  conrt- 
houfe,  prilon  and  Itocks,  in  laid  county  ;  arid  whereas  the  coinrniilioners  appointed  by  an  act  of  the  lait  feffion  of  At* 
femhly  tor  finding  the  center  of  (aid  county  ;  and  fixing  on  a  p!;:ce  for  the  public  buildings  thereof,  agreed  and  conclu- 
ded on  a  place  ton  the  lame,  which  is  conceived  to  be  much  to  the  difadvantage  and  greatly  inconvenient  to  the.  inha- 
bitants in  general  of  laid  county  ;  : 

II.  Be  it  there fon  enabled,  by  the  General  Affembly  if  the  Stifle  of  North-Carolina,  and  it  is  hereby  enalfed  by  the 
authority  cfthe^Jame,  that  the  commiffioners  appointed  in  the  before  recited  act  he,  and  they  are  hereby  impowered 
and  directed  to  contract  and  agree  with  workmen,  and  to  build  a  tour t-lioute,  prifon  and  llocks,  for  the  county  of 
Anfon  on  the  land  whereon  William  Beji.  formerly  lived,  on  a  certain  feventy  acres  laid  off  for  that  purpol'e,  and  the 
purpofe  of  erecting  a  town. 

III.  And  be  it  further  en.icJed,  by  the  authority  aforefaid,  that  r^e  faid  commiffioners  are  hereby  directed  and  re- 
qjirtd  to  receive  all  fuch  monies  as  may  aiile  from  the  tale  of  lots  laid  offat  the  place  aforefaid,  and  to  apply  aud  pay 
the  fame  towards  compleating  the  laid  public  buildings. 

IV.  A^dbe  it  further  entitled,  by  the  authority  aforefaid,  that  the  lands  conveyed  by  Thomas  Lacey,  Jefje  Millert 
and  Job  Benton,  to  the  public  for  the  ule  ot  the  public  buildings,  at  the  place  formerly  agreed  on  by  the  commiffion- 
ers, for  which  no  cor.fideration  has  been  paid,  bea'id  are  hereby  c'edaied  to  be  and  remain  the  abfolute  property  in 
fee  iimple,  ct  the  laid  perlons,  each  their  refpective  parts. 

Chap.  LV.  An  at!  for  appointing  commiffioners  to  fix  on  a  place  for  building  a  court-  houfe,  prifon  aid  flocks  in  the  coun- 
ty of  Randolph,  and/or  other  pur  pojes. 
I.  \  T  7HER.EA  '■>  the  commiffioners  heretofore  by  law  appointed  for  fixing  on  a  place  to  build  a  court  houfe,    prifon 
W    and  (locks,  in  the  county  of  Randolph,  havefaikdeo  dilcharge  the  truft  repoled  in  them  ; 

II.  Be  it  enabled  by  the  General  Affembly  of  the  State  o/i\oith  Carolina,  and  it  is  hereby  en'a&fdby  the  authority  of 
the  fame,  that  Aaron  Hill,  James  Dugqn,  Zebedee  Wood,  Robert  MLaine,  Samuel  M'Laine,  be  and  they  are  hereby  ap- 
pointed commiunners  tor  tke  parpofc*  aforefaid,  and  that  they  or  a  majority  of  them  be,  and  they  are  hereby  im- 
powered and  req  nred  to  agree  and  contract  for  five  acres  cf  land  in  the  faid  county,  as  near  the  center  as  they  or  a  ma- 
jority of  them  (hall  think  belt,  and  alio  to  contract  with  workmen  to  build  a  court-houfe,  prifon  and  Itocks,  on  the  fame. 

HI.   6  IV.  Obfolete. 

V.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  froai  and  after  the  palling  of  this  act  the  county  courts, 
general  mutters,  and  elections,  inall  be  held  at  the  former  dwelling  houe  of  William  Bell,  urail  the  public  buddings 
of  laid  county  (lull  be  compleated,  any  law  to  the  contrary  notwhliiUnding.- 

The  lafi  Seclion  Obfolete.  ■ 

GilAP.  LVI.  An  *tl  for  eftabiifhing  the  court.houfe,  prifon  and  flocks,  at  the  place  -whereon  they  are  now  erttled,  on  the 

plantation  of  Henry  Monger,  in  Montgomery  county. 
I«  VX7HEHEAS  it  is  reprefented  to  this  General  Affembly  by  the  petition  of  a  large  mirrrber  cf  the   inhabitants   of 
*  »    Montgomery  c  mnty,  that  they  labour  under  confiderablc  inconveniences  in  not  having  the  public  buildings  of 
faid  county  fully  fixed  and  eltablilhed,  by  reafon  of  the  party  difputes  lubliliing  in  laid  county  ; 

II.  Beit  therefore  enabled,  by  the  General  Affembly  of  the  State  of  North-Carolina,  and  it  is  hereby  enabled,  by  tht 
authority  of  the  fame,  that  from  and  after  the  palling  of  this  acr,  the  court  houfe,  prifon  and  flocks,  for  the  faid  coun- 
♦joi  Montgomery \,  be  hereby  declared  to  be  fixed  and  eftabiiihed  on  fifty  acres  of  land  whereon  tbey  arc  now   builj. 

H  % 


f  II  >** 

which  was  laid  off  arid  contracted  for  by  commiffiorters  appointed  for  flint  purpo'e.' 

HI.  And  be  it  further  enafted,  by  the  authority  afore/aid,  that  the  proprietor  of  the  land  and  ferry  oTer  the  Yatfkin, 
•ppoilte  the  mouth  of  Uaree  in  conSequence  or  his  petition,  and  a  number  of  others  the  inhabitants  of  faid  county  for 
that  purpofe,  and  for  the  encouragement  of  faid  buildings  at  Uic  faid  place,  be  hereby  compelled  to  keep  a  public  fer. 
ry,  with  good  and  fufficient  attendance  at  the  faid  place,  for  all  perfons  in  the  county  concerned,  palling  and  repaf- 
fing  on  the  days  and  at  the  times  of  all  public  meetings,  elections,  courts,  &c.  of  the  county  aforefaid. 

IV.  And  be  it  further  enafted,  by  the  authority  aforefaid,  that  all  ads  of  Aflembly  heretofore  made  that  comes  with- 
in the  purview  of  this  aft,  be  hereby  repealed. 


VIII  Year  of  Independence.     The  19th  of  April,  1784.     Firft  Seffion. 


Chap.  XXXVII.  An  aft  for  extending  the  navigation  c/  Roanoke  river. 
%•  V^THEREAS  extending  the  navigation  of  Roanoke  river  through  the  falls  and  upwards   will  be  of  great  benefit  t» 
*  *     the  inhabitants  of  this  flate  and  thofe  of  Virginia  ;  and  whereas  the  commonwealth  of  Virginia  have  palled  an 
ail  appointing  truiiees  to  extend  the  fame  from  the  North-Carolinaliqe  to    the  fork  of  Staimt;n  and  Dan  rivers,  ai;d  up 
the  rivers  Staunten  and  Dan  to  the  head  thereof  ; 

II.  Be  it  thtrt-fore  enafted  by  tl>e  General  Affcmbly  of  tht  flate  of  North-  C  :rolina,  and  it  's  hereby  enafted  by  the  authori- 
ty of  the  fame,  that  Allen  Jones,  Samuel  Lockhart,  William  Huifon,  Htnry  Montford,  7hom.<s  Eaton,  Euton  Haynes,  Ben. 
jamin  Hawkins,  Thomas  Per  Ton,  jfaines  pallavjay,  and  Alexander  Martin,  Efq'rs.  be,  and  they  are  hereby  nomina- 
ted, conlbtuted  and  appointed  truiiees  for  clearing  fo  much  ot  Roanoke  and  Dun  livers  as  flial!  be  within  this  flate,  and 
they  are  hereby  refpectively  authemed  and  hnpewered  to  tske  andrecei\e  lublcriptiorrs  for  that  purpi  fe  ;  and  if  any 
perfon  or  perfon  fhall  neglect,  fail  or  lefufe  to  pay  the  feveral  lums  o.'  money  reipi  ftively  fubfenbed  for  the  purpofe 
of  this  aft,  it  fhall  andmay  be  lawful  lor  the  faid  truiiees  r  etpect  vely,  or  undertaker,  to  fuefor  and  recover  the  lame 
iu  the  nan-eof  the  truflees-or  undertaker  for  the  clear'ng  the  faid  rivers,  (whereot  ihey  are  by  this  aft  refpeftive'y 
appointed  truiiees;  by  warrant,  where  the  fubfeription  ihall  not  exceed  five  ptunds,  and  by  action  of  debt  if  any  lar- 
ger fum. 

III.  Ard  be  it  further  enafted  by  the  authority  afcejai  J,  that  the  fa<d  truftecs  respectively,  or  a  major  p."rt  of  them, 
fhall  have  full  power  and  authority  to  contract  and  agree  with  any  pet  ion  or  perlohs  tor  clearing  lo  much  ot  the  (aid  rj. 
yers  as  Shall  b;  within  thisitate,  in  fuch  manner  as  to  the  faid  truiiees  ih-dl  leem  moll  proper,  and  to  remove  all  ledgej 
and  rocks,  or  flops,  which  the  faid  trultees  fhall  th.nk  may  in  any  v.  ileobltiuft  the  laid  navigation. 

IV.  And  be  it  further  enafted  by  the  authority  ajorefaid,  that  tie  faid  trultees  refpeftively,  or  a  major  part  of  them 
fhall  hive  full  power  and  authority  to  lay  off,  plan  and  de'ign  a  road  for  a  carrying  place  round  the  Great  Falls  or  any 
other  falls  on  Roanoke,  or  to  lay  off,  plan  and  execute  a  canal  or  canals  with  or  without  a  kdt  or  locks  around  or 
through  the  lame,  in  the  manner  trijtt  to  them  fhall  feem  beil  to  perfect  th«  navigation  and  aaiw  cr  the  intenrion  of 
this  act,  and  for  this  purpofe  to  lay  oil,  plan  or  executea  rotd  for. a  carrying  place,  to  cut  the  canal  or  canals,  and  fix 
a  lock  cr  locks  0:1  the  fane,  through  any  performs  land  »here  it  fhall  be  neccilary  10  lay  off  cr  cur  the  (anie  ;  any  law, 
ufage  cr  cuflcm  10  the  contrary  notwithstanding. 

V.  Ar.d  be  it  further  enafted,  by  the  authority  afortfaid,  that  the  faid  trultees  refpeclively,  or  a  majority  ot  them, 
from  tiire  to  tieje  cr  as  often  as  they  (hall  fee  occaiion,  fiail  ana  may  nominate  and  appoint  cue  cr  more  of  their  num. 
rtr  willing  to  undertake  the  fame,  10  be  receiver  or  receivers  of  all  the  monies  that  fhall  be  fubJcribed  for  the  purpofe 
of  this  aft,  who  ihall  give  bond  with  luff-dent  lecurity  in  a  reasonable  penalty  to  the  Governor  for  the  time  being, 
with  a  condition  that  he  or  they,  his  or  their  executors  :;n<J  administrator*,  at  all  times  when  required,  fliilland  \v ill 
irulvaiid faithfully  account  with  the  laid  trultees  or  undertaker  for  all  menies  which  fhall  come  to  the  hands  of  fuel)  re. 
cciver  or  receivers  for  the  purpofe  of  this  aft,  and  pay  the  fame  to  fuch  perfon  or  perlons  as  the  faid  truiiees,  or  a 
major  part  «f  ihole  who  agree  to  aft,  fhall  order  and  direft. 

VI.  And  be  if  further  enafted,  by  the  authority  n/orefaiJ,  that  upon  proper  application  by  the  faid  truftees  or  a  ma. 
jor  part  ot  them,  made  to  any  of  the  courts  of  the  counties  adjoining  the  laid  rivers,  itlhall  and  may  be  lawful  for  the 
laid  ccurts,  and  they  are  hereby  directed  and  required  lo  order  all  the  hanc's,  or  fo  many  as  may  be  required,  within 
two  miles  of  the  faid  river  liable  to  wcrk  en  any  road,  to.atterd  theoxdersef  the  trultees  cr  undertaker  to  do  and 
perform  fuch  labcur  as  II. all  be  required  of  them  to  ar.lwer  the  intention  if  tl  is  aft,  ar.dupon  neglect  or  refufal  oi  way 
gtej  fon  or  perfons  to  do  and  perform  inch  labour  after  three  da)  s  previous  u<  ike,  he  or  they  fo  refuting  cr  neglecting 
ihall  fcr  every  day  pay  the  ium  ot  ten  Shillings,  to  he  recovered  1  >  wai  r;  it  before  any  jultice  of  the  Peace  by  either 
of  the  trultees  or  ti  e  undertaker,  and  applied  to  ai.lv,  er  the  intension  cf  this  aft:  Provided,  that  no  perfon  ihall  be 
compelled  to  work  mere  than  tvtelve  days  in  any  ere  year. 

Vil.  Andbe.it further  enaSed.  by  the  authority qj or ifffid,  that  no  ledge  or  i!one,  or  other  flop,  that  in  ar.y  wife  ob- 
structs the  navigatii  n  of  the  faid  river,  canal  or  c,  r.Js,  or  a  road  for  a  earn  .1  g  place,  ihall  be  placed  cr  let  therein  ; 
and  any  perion  who  fhall  prefume  to  let  up  or, make  any  in  the  faid  liver,  canal  or  canals,  or  road  foi  a  carrying  place;, 
(hah  i<  rieit  and  pay  one  hundred  pounds,  icr  evgr)  fuilioher.ee,  ti.e  hall  £0  the  inform*)",  the  other  to  the  truiiees, 
to  be  applied  to  the  purpofe  oi  carrying  this  aft  imeeffecj. 


,5S 

Chap.  XXXVIII.  An  eB  to  facilitate  the  navigation  o/NeuIe  river. 
I.  \%^HE?iEAS  the  rendering  Neu/e  river  navigable  for  {mall  crafts  would  bs  productive  of  many  gooJ   confe. 
VV     qucnces. 

II.  Beitenacled,  by  the  General  Affembly  of  the  State  of  Nor  thf Carolina,  and  it  is  hereby  enatled,  by  the  authority 
*f  the  fame,  that  from  and  after  the  palling  of  this  act,  it  ihall  and  may  oe  lawful  for  the  Jutcices  of  the  courts  of  Cra- 
ven, Dobbs,  Johr.jtDj,  and  Wayne  counties,  and  they  are  hereby  required  at  the  firft  court  which  (hall  be  held  for 
their  relpeclive  count  i:s  si  ter  the  firft  day  of  July  yearly,  to  apportion  and  lay  off  in  convenient  diftricls  all  the  inha- 
bitants of  their  counties  rcfpeclively,  refider.t  within  eight  miles  of  the  river  Neu/e,  and  above  Batehekr's  creek  on  the 
fouth  fide  of  Nettfe  river,  and  above  the  mouth  of  Sv. -ift's- crce k  on  the  north  lide  thereof,  and  appoint  for  each  di- 
trifct  ibme  perfon  properly  qualified  as  overleer,  who  fhall  caufe  all  perfons  within  the  diftrict  fo  allotted  him  who  are 
liable  to  wefk  on  public  roads  to  work  at  leaft  fix  days  in  each  and  every  year  on  the  faid  river  Neufe,  unlefs  the  coon- 
ty  court  ihall  otherwile  direct,  when  he  fhall  caufe  that  they  be  employed  in  cutting  into  proper  lengths  a'l  log?,  and 
moving  bi»fn  and  other  incumbrances  which  obflruct  the  navigation,  and  in  killing  all  kinds  of  trees  like  to  fall  into 
and  obftruct  the  navigation  of  faid  river,  under  the  penalty  of  fifty  pounds  for  failure  or  neglect,  to  be  recovered  and 
applied  as  fines  and  forfeitures  incurred  by  overleers  of  roads  :  and  all  and  every  perfen  liable  to  work  as  aforelaid 
who  Stall  fail  when  fummoned  or  warned  (agreeably  to  the  cuftom  in  cafes  of  working  on  roads)  to  appear  with  fuca 
tools  as  the  overleers  Ihall  directand  work  accordingly,  fhall  forfeit  and  pay  the  fura  of  tea  millings  for  each  day  he 
fhall  Fail  or  neglect,  to  be  recovered  and  applied  as  fines  for  failing  to  appear  and  work  on  public  roads. 

III.  And  be  it  further  enacled,  by  the  authority  afortfaid,  that  all  acts  and  parts  of  acts  heretofore  made  which  come 
within  the  purview  and  meaning  of  this  act  be,  and  they  are  hereby  repealed  and  made  void. 

Chap.  XXXIX,,  An  eft  for  clearing  and  opening  the  navigation  oj  Trent  river  in  Jones  county. 
PHER.LAS  the  opening  and  clearing  Trent  rivei  from  the  lower  bounds  of  ;he  county  to  the  fork  cf  Tuckahm 
would  render    the  fame  more   uletul  and  advantageous,  and  will  be  of  great    utility   in   tranfporting    tar, 
pitch,  turpentine,  and  every  other  kind  o;  pioduce  to  market,  and  greatly  enhance  the  value  of  the  lands  in  the  faid 
c  Junty  ; 

II.  Be  it  therefore  enacled  by-the  General  Affembly  of  the  State  rf  North-Carolina,  and  it  is  hereby  enacledby  the  auth*. 
■rth'ority  of  the  Jame,  that  Lewis  .Bryan,  WtHiemEeneel,  William  Earrifon,  Lemuel  Hutch,  fen.  and  Edward  Sl'hitty  be, 
and  tliey  are  hereby  appointed  commifiioners,  and  that  they  or  a  majority  of  them  are  hereby  impoivered  to  lay  off 
the  faid  river  into  convenient  diftrisfts;  and  that  all  the  inhabitants  cl  luid  county  liable  to  work  on  public  roads,  except 
Inch  of  the  inhabitants  as  live  to  tne  weft  ward  of  a  line  from  Abraham  Kcrnegy's  old  field  to  Thomas  Kent's,  and  ex- 
cept  all  perfons  who  live  at  the  dillance  of  eight  miles  from  the  faid  river,  fhall  by  order  of  the  commifiioners  to  the 
reverai  overfeers  of  the  roads  work  on  fa;d  river  in  their  refpecfive  diftricts  fo  laid  oiF  and  allotted  to  them  by  the 
commilTicners,  and  fhall  continue  to  work  from  time  to  lime  whenever  the  commifiioners  /hall  think  it  neceilary  ;  and 
in  die  of  neglect  or  rtfufal  of  the  overleers  to  act  or  to  warn  their  I  efpeetive  companies  to  work  on  faid  river  when 
ordered  by  the  commifiioners,  fhall  forfeit  and  pay  for  every  luch  ncgieftor  refnfal  the  fum  of  fifty  pounds  current: 
money,  to  be  recovered  by  the  commillioners  or  either  of  the;:;  by  action  of  debt  in  any  court  of  record  having  .cog- 
nisance thereof,  and  by  them  applied  for  clearing  faid  river  ;  and  in  cafe  of  flegleft  or  refufa!  of  any  perfon  liable  to 
work  or  who  fhall  fail  to  fend  their  hands,  having  three  days  previous  notice  from  the  overleer,  he  or  (he  fo  tailing 
fhall  forfeit  and  pav  for  each  and  every  hand  the  fum  of  ten  (hillings  current  money  for  every  day,  to  be  lecovered 
by  the  overfeer  in  the  lame  manner  as  other  fines  are  recovered  from  delinquents  of  public  reads,  and  by  nini 
paid  into  the  hands  of  the  commillioners  or  either  of  them,  and  by  them  applied  s  other  fines  by  this  act  direct. 
ed. 

HI.  And  in  order  to  keep  the  navigation  cf  faid  river  open,  be  itfutiher  enccled,  by  the  authority  afore/aid,  that  i:i 
cafe  any  perfon  Ihall  fail  any  trees  or  make  any  hedges  in  or  acrofs  faid  river,  fhall  forfeit  and  pay  for  every  fuch  of. 
fence,  being  thereof  convicted  before  any  Jultice  ot  the  Peace  of  faid  county,  the  fum  of  five  pouads  current  money, 
and  remove  the  oBftrucfiou  at  their  own  expence  ;  and  if  any  r.egro  fhve  found  guilty  of  any  of  the  before  mentioned 
offences  and  convicted  thereof,  fhall  by  order  of  a  ihigle  Jultice  receive  thirty  nine  laflies  on  his  or  her  bare  back  for 
each  and  every  offence, 

IV.  And  tor  continuing  the  fucc'ffion  of  the  commifiioners,  be  it  further  erased,  by  the  authority  afore/aid*,  that  in 
cafe  of  the  death,  refufa!  to  ad,  or  removal  P"!  of  the  county  of  any  of  the  coinmiffioners,  the  comity  court  of  Junes 
is  hereby  ii.ipowered  from  time  to  time  t.i  appoint  others  in  his  or  their  ftead,  which  faid  commillioners  being  fo  ap- 
pointed, fhall  from  thenceforth  have  the  like  power  and  authority  in  all  things  in  the  matters  herein  contained,  as  if 
he  or  they  had  been  expreflly  named  and  appointed  hy  this  aft. 


Chap.  XL..  An  ail  for  appointing  contmiffioners  inthe  diftricl  of  Morgan  for  the  purpose  of  erecllnga  court  houfe,  prlfon 
and  (locks  in  the  courty  ,f  Burke,  for  the  ufe  of  laid  diitricl,  and  for  levying  a  tax  to  complete  tiefame,  alfojor  laying 
out  ariielfabVilb  ng  a  ti vain  Burke  rountym 

I.  F>  E,  it  enatledbi  the  General  Affembly  of  theft ate  o/Nprth-Carolina,  a,.dit  is  hereby  enacledby  the  authority  oftkejam^ 
15  that  Waigitft'i'.l  Avery,  Jafiteijobriflon,  William  Lenoir,  Jojeph  ftt'OvOfctl  and  John  ll'ulker,  El^tres,  be,  and 


124 

thay  are  hereby  appointed  cdWifi  (Thiers  for  «&e  jjarpofe  afbrefitiij  an  J  that  thev  on  majority  of  them  he,  a^d  are 
hereby  appo  nt  :d  thJ  required  as  loon  as  may  bj  after  die  paiiing  of  this  act  co  agree  and  corttracl  far  one  hu  dred 
acres  or  land  in  cie  county  of  Burke,  as  near  the  center  thereof  as  may  be  convenient  ;  and  alio  to  ayree  and  contract 
wich  workm-ii  for  erect:;>g  and  budding  tnereonacourt  houfe,  prilun  and  docks,  which  when  fmilhed  Ihall  be  and 
remain  to  the  ul'e  of  the  dr.trift  of  Morgan. 
II.    cr   It!.   Ob  fold;. 

IV.  And  whereas  it  would  fen  J  much  to  the  advantage  of  the  inhabitants  of  Burke  and  thofe  of  the  diftrict  of  Mor- 
gan generally,  to  have  a  town  hud  on:  and  elhblifbed  on  the  land  which  Hull  be  pwchafed  by  the  commillioners    for 

erecting  the  public  btnlduigs  above  mentioned,    on ,  be  it   therefor:  enuilii,  by   the   authority. afyrifaid;  :hat 

the  coaimillioners  appointed  by  tdis  act  for  th^  purpole  or  purchifirig  one  hundred  acres  of  land  tor  the    public  build- 
ings aforeiaid  be,  and  they  are  hereby  appointed  coannillioners  for  designing  and  laying  the  fame  off.,  into  a  to.vn,  and 
as  loon  as  they  have  lb  done  they  Ihall  caufe  the  lame  to  be  formed  into  acre  lots,,  with   convenient  fireets,  lanes   and- 
allies,  which  lots  lo  l,-.i  J  off  agreeable  to  the  directions  ot  this  act,  a  re  hereby  ciiablilhed  and  erected  a  town,  and  Ihall 
be  cail.d  by  the  nameol  Moiganjboroigh. 

V.  And  be  U  further  enr.cled,  by  the  authority  afore/aid,  thai  from  and  after  the  parting  cf  this.  s&  the  commiiTtor.ers 
above  named  Ihall  be,  and  they  and  every  of  them  are  hereby  conltituted  directors  and  iruitees  for  the  ddignincr,. 
building  and  laying  out  the  faid  town,  and  they  fhill  Hand  feized  of  an  indeleafble  eihte  in  fee.fhnple  of  the  laid  oiie 
hundesd  acres  o!  land,  to  and  for  the  ufes,  intents  and  purpoles  hereby  expreiled  and  declared  ;  ana  ibcy  or  a  majori- 
ty of  them  Ihall  have  full  power  and  authority  to  meet  as  often  asthej.fhall  think  necdlary,  and  caufe  a  plan  thereof 
to  ';>c  made  and  therein  to  infert  a  mark  or  number  to  eaeh  lot  ;  andas  fooa  as.  the  laid  to.vn  ihail  be  laid  off  as  aft re- 
feud,  they  and  each  of  them  Hull  have  power  to  t .dee  fubferiptions  for  the  laid  lots  of  Inch  perions  as  are  willing  to 
fublcribe  for  the  fame,  and  when  the  laid  directors  have  taken  fublcrjpiians  for  tifty  lots  or  upwards,  they  Hull  ap- 
jv/mt  a  day  and  oive  public  notice  to  'he  fublcribers  of  the  day  and  place  appointed  for  the  drawing,  of  laid  lots  which 
Ihall  be  done  by  ballot  in  a  fair  and  open  manner,,  under  the  directions  and  in  the  prelence  ot  the  laid,  directors  or  a 
majority  of  them  ;  and  fuch  lubferiber  fliall  be  entitled  to  the  lot  or  lots  which  fha'.i.be  dra^n  for  him,  and  correfpond 
■with  the  ma  rk  or  number  contained  in  the  plan  of  laid  town  ;  and  the  faid  directois  or  a  majority  o.*  them  Ihali  make 
ar.  J. execute  deeds  for  granting  and  conveying  the  faid  one  hundred  acres  of  laud  in  acre  lots  as  aforeiaid  to  the  fub- 
fcrffcjers,  their  heirs  and  alligns  forever,  and  alio  to  every  other  perfon  who  Ihall  purchale  any  otherlot  or  luts  in  the 
faid  town  ;  and  every  perfon  claiming  any  lot  or  lots  by  virtue  <A  any  fuch  conveyance,  Ihall  and  may  hold  and  eu- 
jo>  the  fame  in  fee  limple  :  Provided  neverthekf:,,  that  evety  grantee  of  any  lot  or  lot*  in  the  faid  town  f»  conveyed 
j1k.I1,  within  three  years  next  afcer  fuch  conveyance  for  the  lame,  erect,  build  and  tinilh  on  each  lot  fo  conveyed  one 
vi :'l  Irarned,  Iqjare,  logged,  or  brick  houfe,  fixteen  feet  fquare  at  lealt,  and  eight  feec  pitch  in  the  clear  or  purport i«  ■ 
on :.ble  to  Inch  dimeufions  ;  and  if  the  owner  of  any  lot  or  lots  Ihall  fail  to  comply  with  the  directions  in  this  act  pre- 
ictibed  for  building  and  finifhinga  houfe  thereon,  fuch  lot  or  lots  upon  which  fuch  Iioule  fliall  not  be  built  and  fnvlbed 
as  aforeiaid,  Ihall  be  re  veiled  in  the  laid  directors  j  and  the  laid  directors  or  a  majority  of  rheni  may,  and  they  are 
he.eby  iropowered  and  authorized  to  fell  Inch  lot  cr  lets  for  the  bed  price  thai  can  be  had,  to  any  perlun  applying 
fcr  the  lame,  and  grant  and  convey  luch  lot  or  lot*  to  luch  perfon  or  peifons  under  the  like  rules  and  regulations  .s  the 
lam:  Was  or  were  formerly  granted  ;  and  the  money  ariling  from  fuctj  iale  be  appktd  by  the  laid  directors  or  a,  ma. 
joritvof  them  for  the  benefit  and  improvement  of  the  laidtown.. 

Chap.   XLI.  An  act  fir  the  promotion  of  learning  in  the  diJ?ric7'ofH\\\{boroitgh,  and  to  amend  an  acl  for  efiabliflnng  an  a. 

cademy  in  the  neighbourhood  'if  Hil'fboroligh.     p.  87. 
I.  VTf  7HEREAS  by  an  aclof  Alfembly,  intituled,   "  anuFt  for  eflublifhing.  an  academy   in   the   difirict   of  Hillfbi. 
Vv-   rough,    certain   perfons    therein    named    were  appointed  truilees  to  carry  the  laid  act  into  execution  ;  and 
•whereas  divers  of  the  faid  commillioners  by  death  or  removal  out  of  the  ftaie  cannot  be  convened, 

I  (.  Be  it  therefore  enacled,  by  the  General  Affembly  of  the  State  of  North  Carolina,  and  it  is  hereby  entitled  by  the  au- 
thority ot  the  fame,  that  the  reaiainingcomnnliioners  refident  in  this  ftate,  provided  there  be  three  of  them  at  the 
leaff,  (hall  have  power  and  authority  to  nominate  others  in  the  room  of  thole,  who  are  dead  #r  removed  out  of  the 
ftate. 

III.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  ccmmilTionersor  a  majority  of  them  fhall  be  aboard 
for  bufinefs,  and  when  ;uTenibled  ihall  have  t tie  powers  authorities  given  by  this  act,   as  well  as  by  the  act  which  this  is 
intended  to  a  mend  ;  and  upon  the  death  or  removal  out  of  the  Hate,  or  refufal  10  act  of  any  of  the  faid  conimilfioners,  , 
thofe  remaining  or  a  majority  of  them  fhall  have  power  and  authority  to  name  others  in  their  ftead. 

IV.  And  be  it  further  enacled,  by  the  authority  afore/aia,  that  fo  much  of  an  act,  intituled,  an  at}  for  eflr.blijbing  ax 
academy  in  , the  neighbourhood  c/"Hillfborough,  fo  far  as  comes  within  the  purview  of  this  act  and  no  further,  is 
hereby  repealed  and  made  void. 

V.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  faid  commillioners  fhall  on  the  fecond  Monday  of 
July  next  enfuing  the  ratification  of  this  act,  and  on  the  fecond  Monday  of  January,  April,  July,  an4  October  in  every 
year  thereafter,  meet  in  the  town  of  HiUjborough,  then  and  there  receive  into  the  hands  of  a  treafurer  by  them  appoiu- 
»ed  all  fums  ol  money  fubferibed  and  paid  (all  J  urns  fublcribtd  and  not  paid  to  ihes*  then  and  there  Ugly  tg  be   account* 


IC1J 

cd  f'r)  and  to  receive  all  farther  and  other  donations,  and  in  cafe  of  refufal  or  negtecfc  of  any  perfon  or  perfons  to 
pay  ..  C  wdkig  to  the  true  intent  of  h.s  proniile,  obligation,  covenant  cr  agreement,  inch  Cdmiffibims  may,  and  they 
are  l,,re>y~impower.  d  in  the  name  of  their  chairman  to  bring  fuit  before  any  Juftice  of  ths  Peace,  or  any  court  of  re- 
cord in  ih«  dfftrid  where  fuch  contract  iliall  be  made,  hiving  cognizance  thereof,  and  recover  in  an  action  of  debt 
t  e  turn  cr  foots  due  from  fuch  perlon  or  pet  fon?  fo  tailing  or  neglecting,  to  be  applied  by  the  faid  commiffioners  to 
the  purposes  of  erecting  and  in  lintsinihg  luc'i  fchool. 

VI.  And  it  it  Jurtker  enable I,  by  the  authority,  ajorefjd,  that  by  and  with  the  confentofal!  p.rfons  having  an7 
ri-Tiit,  title  cr  in  te  reft  in  the  c  urch  erec't-d  in  the  fowia  6f  Hilljbvyugh  (already  far  gone  to  decay;  luch  perfons  being 
ofthe  Epilctpal  j -erfu-dion,  and  as  Inch  claiming  intereft  in  the  fa'td  church,  fadi  content  being  firft  obtained  by  no" 
tice  in  writing," promulgated  in  the  molt  public  part  of  the  county,  calling  on  fuch  perfons  to  object,  if  any  objections 
they  have  upon  luch  notice  given,  and  no  re-.fonablc  chj  -clir-.p,  madcs  the  faiA'builcffng  with  the  ground  upon  which  it 
ftands  fhall  be  held  and  deemed  to  be  inveited  kl  the  i'jid  commilliouers,  tor  the  tiles  and  purpofes  following,  to  -wit  .• 
that  the  laid  church  ihail  be,,  with  as  muclr  reccnomy  and  expedition  as  poliibie,  put  in  decent  repair  ;  and  fo  put  yi 
repair,  fhall  on  every  Sunday  in  every  year  be  open  to  the  miniiters  of.  every  feft  or  perfualion,  being  chriftians,  there 
10  inculcate. the  truths  of  their  holy  religion  :  Provided  always,  that  every  difpure  relative  to  a  preference  to  'he  faid 
church  in  rineiating  there  by  miniiters  of  different  cr  of  the  lame  lech  lhall  be  determined  by  the  faid  cmnmiflioners  ; 
and  in  any  diJpute  between  an  Epiicopalian  and  miniiters  of  any  other  perlualion  a.s  fo  a  preference  to  the  pulpit,  (be 
former  (circumftances  being  otherw  ife  equal)  lhall  be  preferred,  as  the  church.was  founded  lor  the  Epifcopal  perluafi. 
on,  and  to  them  by  the  conf  i  uiion  properly  appertains. 

VII.  And  be  it  further  enadfed,  by  the  authority  afore/aid,  thai  tutors  cr  fcboolmaflers  appointed  and  authorifed  by 
the  laid  commilliouers,  lhall  teach  and  inltruct  in  the  laid  fchool  in  fuch  branches  ol  learning  as  the  commiihonersfiiall 
direct  ;  and  luch  perfons  fo  appointed  and  authorifed  by  the  majoiity  ot  the  whole  board,  and  no  others  lhall  be  pri- 
vileged to  teach  or  inflruct  within  the  faid  church  ,  and  if  any  perfon  lhall  without  perinifhon  lirfthad  and  obtained 
froin  a  majority  of  the  laid  cominifTioners  prefume  to  teach  within  the  faid  church,  he  lhall  forfeit  and  pay  the  fum  of 
fifty  pounds,  to  be  recovered  by  the  comuriflioners  by  action  ot  debt  in  the  name  of  their  chairman,  for  the  ufes  point- 
ed out  by  this  act. 

ViJl.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  faid  commiliioners  mail  yearly,  and  every  year 
on  the  fecond  Monday  in  July,  appoint  out  of  their  own  body  a  chairman,  clerk  and  treafurer  ;  and  the  cominifTioners 
Iliall  be  a  body  incorporated  for  the  purpofes  of  carrying  this  act  in  execution,  and  for  receiving  donations  from  all 
charitable  and  well  difpoied  perfons  for  the  ufes  of  the  faid  Ichool,  and  lhall  have  power  and  authority  to  vifii  rl  e  laid 
fchool  at  proper  times  and  feafons  to  infpect  the  progrefs  of  Undents  in  uleful  learning,  but  lhall  confer  no  degrees,, 
nor  lhall  fuch  lcliuol  be  called  or  confidered  as  one  of  -thole  feiuinaries.ei'cabhlhed  by  the  Ipecial  directions  of  the.  consti- 
tution. 

IX.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  it  fhall  and  may  be  lawful  for  a  majority  of  fuch  com- 
milfioners  to  remove  any  tutor  or  mailer  guilty  cf  immorality,  neglect  or  miibehaviour  in  office. 

X.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  it  lhall  and  may  be  lawful  for  the  faid  comirifiioners  to 
open  a  lottery  for  the  purpole  of  railing  a  fum  of  money  lor  repairing  the  faid  building,  employing  matter's  and 
tutors,  and  for  the  other  purpofes  of  this  act  ;  Provided,  that  the  whole  profits  of  the  laid  lottery  (full  rot  amount  to 
more  than,  five  hundred  pounds  current  money  of  this  flue  ;  and  to  appoint  truftees  to  manage  fucii  lottery,  fuch 
uuftecs  giving  fecurity  for  the  faithful  performance  of  their  duty,  and  that  all  profits  arifing  fi  cm  the  laid  lottery  fhall 
be  applied  to  the  ufes  of  the  faid  fchool  or  academy,  agreeable  to  the  direction  of  the  aforefaid  com«mfli6ners. 

XT.  And  be  it  further  enacled,  by  the  authority  r.j 'ore, laid,  that  the  faid  commiffioners  be,  and  they  are  hereby  im- 
powered  to  make  fale  of  luch  part  of  tbe  ornaments,  utentilsand  decorations  at  the  faid  church  as  lhall  not  be  nccefla- 
ry  to  the  reparation   thereof,   the  proceeds  to  be  applied   to  the  purpoles  of  the  laid  fchool. 

XII.  And  be  it  further  enacled,  by  tie  authority  ajorefaid,  that  during  the  next  fellion  ol  the  Gsneral  Afibmblv,  if 
the  Afiembly  fhall  be  in  the  town  of  Hillfoorough,  and  at  any  future  lefiiou  thereof  in  the  laid  town,  the  faid  buildings 
.nay  be  made  ufe  of  by  the  faid  Afiembly  fitting  in  their,  legitlative  capacity  during  fuch  fellion. 


Chap.  XLII.  '.An  ail  to  amend  an  acl  paffed  at  IVewbcrn  the  fir/7  day  0/ December,  one  thoufandftven  hundred  and  fix- 

ty-fix,  intituled,  "  An  act  tor  eftabhfhjnga  fchool- tiou.e  in  the  town  of  Neu-bem."   p.  49. 
I.  fT  7HEREAS  the  fchool  heretofore  eftablifhed  under  the  before  leched  ad  has  aulwered  very    valuable    purpo- 
VV     fes,  but  in  the  courfe  of  the  late  war,  by  the  deaths  and  removal  ot  many  of  the  truilee;,  and  from  other 
unavoidable  accidents,  the  building  is  much  impaired,  and  tiie  education  of  vouth  neglected  ; 

II.  Be  it  therefore  enacled,  by  the  General  Afjejnbly-pfthe  Hate  of  North-Cirohna,  and  it  is  hereby  ended  by  the 
cuthnriiy  of  the  fame,  that  from  and  alter  the  palling  of  this  act  the  faid  Ichool  lhall  be  diftinguilhed  a, id  known  tiy  the 
name  ci  the  Ne-wbern  academy  ;  and  that  the  honorable  Richard  Capwell  and  /ibr.er  Nafh,  Efquires,  John  Wright 
Star  ley,  WiHldm  Dhunf,  John  Sitgreaves,  Spy  efs  Singleton,  V/ili'mm  M'Clure,  William  Bryan,  aid  Richard  Dobhs 
Spaight,  Elq'rs,  be,  and  they  are  hereby  appointed  truftees  and  directors  of  the  laid  acadejhy,  and  lhall  be  and  th-y  are 
hereby  incorporated  into  a  body  politic  and  corporate  by  the  name  oi  the  incorporated  fociety,  for  promoting  and  eU 

'  I  a 


tablifhing  the  Ncwbcrn  academy,  hy  which  name  they  (hall  have  perpetual  fuccMflion,  ami  a  common  feal,  \^Jhic» 
thev  may  alter  or  amend  at  discretion,  and  under  the  aforelaid  name  ihpy  and  thtir  luceeilbrs  lliall  be  able  and  capn- 
blein  law  to  have,  purcnaie,  receive,  pofiefs  xnd  retain  to  them  and  their  luceeilbrs  for  ever  in  trait  and  confidence 
for  the  fild  academy,  any  lands,  rents,  tenements  and  hereoka^e.its,  and  alio  ro  fell,  grant,  demife,  alien  or  d'f- 
po'e  of  thefame,  and' to  receive  and  take  any  charity,  git:  or  donation  to  the  faid  academy  ;  and  the  laid  trultees  and 
their  lucceflbrs  b' the  aforeiaid'namc  m,. y  ibe  and  implead,  be  filed  and  impleaded,  anfwer  and  be  arl'weicd  in  all 
courts  of  record  within  this  Hate,  and  Qisdl  from  tin  e  to  twne  under  their  common  leal,  make  Inch  rules,  regulations 
and  ord'nances  for  the  admifiion  or  difmiliion  of  the  teveral  matters  and  teachers  in  the  laid  academy,  and  for  the  bet- 
ter regulating  and  well  ordering  of  the  lame  as  to  them  lhall  item  reqnilhsand  neceffjtry  for  the  promotiou  of  learn- 
inn;  and  virtue  :   Provided,  fuch  rules  and  ordinances  be  not  repugnant;  to  the  laws  of  the  ltate. 

"ill.  And  be  it  further  er.actei,  by  the  mdi.^.rity  afcre/oid,  that  tne  fcveral  lots  of  land,  together  with  their  improve- 
ments, "i anted  by  the  before  recited  act  to  the  trultees  of  the  public  lchool  in  Newbern  in  truit  and  confidence  be, 
and  the  Tame  are  hereby  veiled  in  the  trultees  and  directors  by  this  act.  appointed,  and  their  luceeilbrs  forever,  ia 
trull  and  confidence  to  and  for  the  ufcs  and  purpoies  by  this  act  interned. 

I  /.  And  whereas  the  e  arc  in  the  town  of  Newbern  four  lots  of  land  known  inth.?  plan  of  the  faid  town  by  the 
numbers  two  hundred  and  forty. eight,  two  hundred  and  forty  nine,  two  hundred  and  fifty,  ahd  two  hundred  and  fif- 
tyone,  which  were  granted  by  the  cimimiiiioners  of  the  laid  town  to  John  Htarkey,  Edward  Oriffilb  and  Jeremiah 
i  dtl,  by  deed  bearing djte  the  fev/nteenth  day  of  April,  in  the  year  ot  our  lord  one  thoulaud  leven  hundred  and  fif- 
ty, in  trull  and  confidence  for  the  tile  of  the  public  tor  ever,  ar.d  are  declared  to  be  laved  lots  end  referved.is  afore- 
laid  by  an  act  pafjfr.d  fit  A  ewbern  in  the  year  ot  cur  lord  ore  thoulaud  leven  hundreda  nd  fit'iy  one*  ;  and  the 
tiles  and  purpofes  for  which  t'.-e  laid  lots  were  reicr.ed  having  no  longer  any  exiftence,  be  it  therefore  enaUe'd,  by  the 
authority  ufo/r/ai/l,  that  throe  cf  the  aforelaid  lots,  to  wit  :  litc^e  known  in  the  plan  of  laid  town  by  the  numbers  two 
hundred  and  forty  nine,  tv.o  hundred  and  fifty,  -md  two  hunJn.J  and  fijty  one,  Hull  be,  and  they  arc  hereby  decla- 
red  robe  vetted  in  the  aforelaid  trultees  and  duTp&prs  and  tneir  luecqflon  for  ever,  a.:y  law  <othe  contrary  no  with- 
it.  m. Hit-  ;  and  the  lot  known  :n  the  plan  pi  the  ti  wn  by  the  i.umbtr  iv.o  bundn.d  aid  forty  eio  lit  whereon  the  public 
gaol  now  fhnds,  is  her  by  referred  tor  the  tile  i  f  the  public  as  is  dire. ted  hv  the  beiore  recited  act. 

V.  And  be  it.  {uriht  r  cnaB  J,  bytjn  uutb  r  !} n/or^a  dt  that  tile  iiutteesot  the  laid  academy,  of  amajerkyot'  them, 
fjial'l  at  their  firfi  meetinc,  a.id  the:  ce  after  annually  appoint  put  of  ti  err  number  a  prtlideut  a;  d  a  f.cretary,  and  a 
fit  and  proper  perfon  to  be  treahirer  to  the  fud  focieiy,  .who  iluil  entpr  mo  boiul  w,ih  gcod  and  ktfSctent  lecurity  in 
a  corape  ent  I'ura  to  be  adjudged  a/by  the  directors  ur  the  laithful  dtl'-h.ugeof  Ins  office  and  me  fruit  lvpol'ed  in  h.im, 
into  whole  hands  (hall.be  pa  lT.h1  monies  tf0r  belonging  to  the  laid  academy,  and  for  which  the'iaid  trcalurer  fhall  ac- 
count annually  with  the  d  rectors,  and  upon  his  refill  a  or  ntg'tS  to  ie.tt.le  i?,C>  pay  tn.  balance  remaining  in  ids  hands 
to  the  fucceeding  trcalurer  or  the  order  of  the  directors,  the  lame  method  or  recovery  UJay  be  had  agamit  h;.n  as  is 
provided  for  tin' recovery  oi  .public  monies  in  the  hand*  ol  (her  Ss  or  o.-iier  penutis- 

VI.  /lad  be  it  fit  r  /-.  r  cuiacl,  by  ih,  authority  *j  r  ad,  that  on  the  tit  aiii,  re.ufil  to  act,  rr  removal  cut  ct  the 
itate  of  any  ot  the  trottees^  the  remain  ng  ti  ulu  S  01  a  majority  pi  them  ih.nl  elechother  trutlee*  in  the  room  and  ilea-.! 
of  ihp'fc  dead,  removed  pr.rcfufmg  to  act,  jvho  lhaU  he  inyfilted  wUh  the  lame  powers  and  au:hurities  as  ths  other 
iruitccsantl  directors  appointed  by  this  act. 

VII.  Andbe  it  further  ejuiiled,'  i>  tht  autlntity  cfiref&id,  that  the  truftees  fhall  appoint  public  viii  ations  of  the  an- 
demv  once  in  every  ';.:  mo'tihs,  when  they  liian  e.t.iiinie  what  progrefs  is  made  !iy  the  fev^rtd  fin  ems,  and  grant 
certificates  to-iuch  as  (hall  leave  the  academy,  certifying  tne  r  liteiary  merit  and  the  \  rogrets  they  lliall  have  made  in 
ill ei nl  'tuowled  ;c,  v/hether  it  bs  in  learned  languages,  arts  or  icieuces,  or  ail  of  tnem  :  Provide^  always,  that  they 
lb. ill  net  oil  any  prete»..e  grant  degrees  or  tities,  Ultn  aoihedcgrees  of  batchelor  or  matter  ol  arts,  or  doctor  in  any 
facuTtr. 

V  III.  Aid!,'  it  th;  :'■  r  em  ■  J7-  '.  by  >■'  ■-  c.utM1  sty  aforefitid,  that  the  truitees  .fliall  not  in  any  ctife  fell  lands  or  tlifpoio 
of  Ute  monies  belonging  to  the  acadeniy  unlpfs  a  majerrty  ot  the  iociety  is  pre  tent  or  at  heir  (faced  bs'f-yearly  vifitati- 
ons  ;  and  tliat  no  re'aor,  i-'fotciier  or -utor  in  tlie  'am  .!:i'!v,y  lliall  at  any  lime  be  chefen  a  truitec  thorcot,  tnu 
that  his  Excellency  ihe  Governor  of  the  ltate  for  the  time  being  may  at  any  time  of  their  visitations  take  a  feat  in  the 
todr-v. 

IX.  A. i.l  h'  it  further  euoRedy  by  the  authority  afire/aid*  that  She  rector,  profeiiors  and  tutors  of  ihe 
'rd  academy  (hall  |js  exempted  from  military  duty  :  Prov  ded,  t.wt  no  peribn  (hall  claim  inch  exemption  unlets  he  has 
Lxen  at  lead  li:;  mombsa  !'.  .ted  tu#car,  reftor  or  proftflbr hi  the  academy,  and  continues  in  that  duty. 

X.  And  b  it/urlh  ■  .     ■'■''■',  bydh,  authority  a) ore fidid,  that  the  truittea  by  this  act  appointed  lhall  have   full   power 
il  authority  to  dem.i  >d,  receive  and  reader  horn  a  1  pel  ib'is  whatloevrr  ai!  monies,  icnts,  goods  or  orhei  effects  of 

v.-hfltn/iureo-r  kind  Ibsi'en  due,  owaig  or  belonging  to  the  late  public fclionl  aloreiaid,  and  to  dilpofe pf  and  apply  the 
ame  as  is  by  this  acl  tlirt  cted. 

XI.  Andbe  it  fntiher  c  ■:  v-7,,/,  by  the  authority  afore/did,  that  nothing  in  this  act  (hall  be  conltrued  to  prevent  the  trnf- 
te-slfom  (iiil;:igui.'tir:g  their  public  hall,  naufcumor  hbia.-y,  by  the  names  of  fuch  pcrfons  or  iocietici  as  may  within 
tw  >  "'ears  fro  n  the  p  rlli  ig  of  thii  act  give  the  moll  IHicrai  doti  :tions  to  the  academy. 

XII.  And  be  it  further  eniMcd,  i<y  to:  authority  (jure/aid,  that  lb  much-ci  the  two  before  recited  acts  as  is  reptig* 
•  v.  C-L.   1 75 1;  8,  147. 


n3nt  to  cr  coins  within  trie  purview  cf  this  act  be,  rod  the  fame  is  hereby  repealed  ami  made  void  to  all  in  ten's  aid" 
purpoies  as  it  the  fame  had  never  bce.i  nude  :  ProviJed,  this  academy  IhiU  noc  be  deemed  to  be  one  of  thole  fe. 
mmanesot  learning  directed  by  t.ie  conlt:riitio:i  of  ihiaitite  to  be  eftabliihed  and  fupparted  by  public  authority. 

Chap    XLlil,   An  ad  for  eftalUfhhtg  a  tow,',  in  Jones  county  on  the  lands of Ti  o.nas  Webber  and  others. 
I«    \\7"  nKflEAS  it  is  represented  in  ihc  Ueneiat  Ailemb'v  tnat  a  town  on  the  lands  or  Thomas  li  ebb:  r,  Lewis  Df-f- 
an,  ffenrp  Smith aad  Sarnucl  Hilt,  on  the  fouth  tide  of  Trent  river  in  Jones  county,  where  the   court  houfc 
1io-v  Hands,  would  tend  io  the  promotion  of  commerce,  and  ts.e  inhabitants  of  laid  county  be  greatly  henefLed  thereby, 

II.  Beit  therefore  enacted,  by  the  General  AffemSly  of  the  State  of  North-Carolina,  and  it  Is  hereby  emfied,  by  the  ait- 
ty  of  the  fame,  that  the  directors  of  trulttes  hereafter  appointed  or  a  majority  ot  them,  fliall  asloonas  may  bealter  the 
pafii  13  tf  ti-is  ad',  agree  With  or  purchafc  from  the  faid  Thomas  Webber,  Lewis  Bryav,  U:nry  Smith  and  5  mud  Hi!!, 
one  huiulied  acres  o;  lard  for  tie  purpoies  aforefaid  ;  and  after  having  fo  agreed  f.r  the  faid  land,  (hall  as  foen  as 
nny  be  lay  oft" forty  acres  in  half  acre  lots  in  half  i-cre  lots  exclufive  of  i'rect-,  with  convenient  ltreets,  lanes  am!  al- 
lies, and.  fix  ty  acres  for  town  commons,  which  lots  fo  laid  oft'  according  to  the  direftiens  of  this  act  are  hereby  cor.ftia-t- 
ted  and  creeled  a  town,  aod  Ih:dl  be  called  by  the  name  of  THrenfcn. 

III.  Ail  he  it  further  en.itieJ,  by  th.-a-.tth-)  itfrafotefaid,  that  rrom  add  alter  thepaffing  of  this  aft  Jitter  Nafli,  Frir- 
deritk  Hargttt,  Lewis  Bryan,  John  Bryan  j  Willi tm  Randal,  John  TflerznA  EdiOardWhitiy,  be,  and  they  and  every  of 
t  heal  are  hereby  conftituted  direcrorsand  (rultces  for  the  pmxhafiug  aid  agreeing  for  ore  hundred  acres  cf  land  as  .». 
focefald  an  Ifor  thefide  ignjiig"  naild'nig  and  carrying  on  tiie  laid  town  ;  and  they  Ihall  If.  n  1  i'ei/.ed  of  an  indefeafib.  a 
eitate  in  fee  fimple  of  the  laid  one  hundred  acres  or'iand,  to  and  for  the  uies,  intent  and  purpofes  hereby  expreii'ed 
and  declared  ;  and  th-y  or  a  majority  of  'hem  ihall  have  full  power  and  authority  to  nicer  as  often  as  they  lha'l  think  lie- 
ceflitryt  and  caute  a  plan  thereof  to  be  made,  and  therein  to  alttft  a  mark  <  r  number  to  each  lor  ;  and  when  the  laid 
town  Iha'lhe  la'id  bffas  aforefilcl,  t.iev  and  each  ofthem  lha'l  have  power  to  take  fubfcripMons  fcr  the  faid  lot;  of  fuel* 
pei  fon&as  are  willing,  to  iu-fcribe  lor  them  ;  and  when  the  laid  directors  have  taken  lublcriptions  for  fifty  lots  or  up- 
wards; they  Ihall  appoint  a  day  and  give  pub  ic  notice  to  the  f&bfcribers  of  the  day  and  place  appointed  for  the  draw, 
jag  the  faid  lots,  which«fhall  be  done  by  ballot  in  a  fair  and  open  rnanrier,  by  the  direction  and  in  the  prefence  of  tie 
majority  of  the  'aid  direct  >rs'  at  fetid  •  and  ftrch  l'ublcribe-s  (had  be  entitled  to  the  lot  or  lots  wivch  Ihall  be  drawn  for 
him,  and  correfpond  with  the  mark  or  number  contained  in  the  plaioffiid  town  ;  and  the  laid  kre&orso.-  a  majority 
of  them  (hail  m&ke  and  execute  deeds  fo  granting.!  id  conveying  the  fa'd  forty  acres  of  land  in  half  acres  as  aforefakl 
to  the  ia;-,;;r,bers,  their  heirs  and  affigns  forever  ;  and  affotoevery  other  perion  who  fhail  parchafe  any  other  lor  or 
lots  i  1  tiv  laid  sdtfri  ;  a  id  every  perfe-n  claim  ng  any  lot  or  lot, by  virtue  rSr  any  fjch  convey  ince  Iliad  and  may  hold 
an  1  enj  t,<  the  i  1  ae  i  i  fee  limple  ;  Pi  ov  del  'leverthelefs,  that  every  grantee  Or  any  lot  or  lots  in  the  fiid  town  lb  con. 
vt  ;cii,  Iln'l  .vitfiin  three  ye.m  next  atrer  Inch  conveyance  for  the  lame  erect,  build  and  iimlhon  each  lot  lb  convey- 
"  '  ■■•  ■■  ■  »  s!t;fra  ned  or  hrck  Fioiiie,  fi  iteen  feet  f  pure  at  leaft,  and  ten  feet  pitch  in  the  clear,  or  proportiorable  to 
In.  h  d,  ne  ifiori?,  if  Ituh  grantee  Ihdi  have  two  or  more  lots  co.uig  ions  ;  and  if  the  owner  of  any  lot  or  lots  Hull  fail 
t  p  co  nply  vit'i  the  ctireft  o  isia  this  a.l  pref.ri  >ed  for  b a  Id  ai  and  fi  ddn.ig  a  hoaf :  thereo.i,  then  fuch  lot  cr  lots  u:i. 
r.  1  -v'-neh  Ibcli  hoafe  ihdl  i.ot  be  btl.lt  a. ul  i'uiiiie«i  as  afo.vfaid,  ill  til  be  rj'veiled  in  the  laid  dhecVr',  and  the  k.'i  f 
d  reclars  or  1  hi  ij  >ri:y  of  them  may,  an  I  they  are  here  ->/  impower'cd  and  authorized  to  fell  :uch  ot  or  lots  for  the  belt: 
price  tint  can  be  had  to  a  iv  perfbi  applying  for  the  lane,  a.i  1  grant  and  convey  Inch  loc  or  lets  to  Inch  perfbns  un- 
der the  fke  rules  regnhro  is  a.id  <eftrl4liotis  as  the  fane  was  or  were  for-n.rly  granted,  and  the  money  ar  ilin-r  from 
fuch  (ale  be  applied  by  t:ie  f.ii  I  directors  or  a  in  ijority  of  them  for  the  beneh't  and  improvement  of  fad  towr. 

I  v  .  -:' ,!  Sell  further  ena&efl,  by  the  authority  cfo'-eJUiJ,  that  each  relpccliVe  fubl'criber  who  Ihall  fubferibe  for  a- 
ny  lot  or  lots  in  the  f  lid  tovn,  ihall  within  one  mont.'i  after  it  Ihdi  be  afcert  lined  to  whom  each  of  tie  fiiil  lots  doth 
belong  in  manner  herein  before-meir  ioned,  pay  and  faiisiy  to  the  .faid  direciors  or  one  of  them  the  fum  cf  three 
pound-,  for  each  lot  by  him  fubferibed  for  :  and  ia  cafe.ojf  negle.l  or  refuial  of  any  iubferiber  to  pay  the  laid  fum 
die  1  lid  direciors  ihall  and  may  commence  jnJ  prolecute  a  fait  io,-  the  fame,  and  t.jerei.i  Ihall  recover  jud  nnent  witli 
colt-  of  fnir. 

V.  And  for  cootimiing  the  fucceilion  of  the  dire-clcrs  until  the  faidtow.ii  Ihall  be  incorporated,  be  >i  further  entiled  by 
the  anthority  dforefaul,  that  in  cafe  ol  the  deitli^refufal  to  acf,  or  removal  out  of  the  qoanty  of  any  ot  tne  laid  d  rectors 
the  furvivine  directors  of  a  majority  of  them  lb.  ill  alTem'ele,  ana  are  hereiiy  impo.veieJ  Iron)  tme  to  time  by  intfrn- 
inent  of  writing  under  their  reipective  hmdi  and  feals  to  nominate  fowl  uttier  perfqn,  being  a  freehaider  ot  the  laid 
town,  in  ihe  place  of  him  lb  dying,  refilling  to  act,  cr  removing  out  of  t'.e  coumy  which  director  io  nominated  aid 
appointed  (hall  from  thenceforth  have  the  like  power  and  authority  in  all  ihmgsin  tne  matters  herei .  contained  as  it" 
lie  had  been  exprtflly  named  and  appointed  in,  ami  by  .this  act. 


C:ia;\  XLI7.  Anartt-i  ejlablth    a  town   01  the  Ian \ of 'John  Walker  at  a place  called ^Deep    V/aici  I'jint,    joining 

Fort  Johnltoji  o-i  the  liver  Cape-I-'ear,   in  ii'-iinl  .v  (|;  cou>  ty. 
\.  \  T7HEHF.AS  it  has  been  reprefented  to  this  AilemiMi  that  the  land  of  Joint  Walker  lying  on  the  river  Cfifc  F~c  r, 
\  V    at  a  place  called  Deep  Waier-V'ml  in  Bntnfmch.  county,  is  a  pleafant  End  heaktiy  fnu.t.on,  ;  r.d  conwUdlWu* 


128 

ici  .radc  and  cdtmurce,  and  the  faid  John  Walker  having  acknowledged,  his  free  content  to  have  a  fu'fficient  quantity  of 
tfte  laid  land  laid  oft' for  a  town,  which  will  greatly  promote  th.e  trade  of  faid  river, 

II.  Beii  th'refore  enacled,  by  tie  Gent red  sfjfe/nb'y  of  the  Slat?  (J  North-Carolina,  audit  is  hereby  enacled,  by  the- 
«utb(tity  of th' . fame,  that  the  directors  or  truth:  es  herein  after  appointed,,  or  a  majority  of  them,  (hall  fo  loon  a:,  may  . 
be  after  the  pilling  of  this  act,  catife  a  fufficies-t  quantity  of  laid  Watker'%  lands  to  be  laid  oiTinto  lots  of  halt  an  acre 
each,  with  convenient  ltreets,  lanes  and  alleys  iti'.-rving  two  acres  of  faid  land  for  a  .eourt-h<<uf'e,  xhtKcb  and  other 
public  buildings,  likewifc  five  acres  to  John  U'dk  r  the  propriet'pr,  for  their  respective  ufes  ;  which  iatid  lb  laid  ofi'nc- 
cordi.ig  to  the  d  reciionof  this  act,  is  hereby  conit  tuteci,  erected  and  eitahilhed  a  town,  and  fliall,be  called  by  the 
name  of  Walk,  rfhurg, 

III.  And  be  it  further  enacled,  by  the  authority  afore faid,  that  from  and  after  the  p  ifling  of  this  act,  Timothy  Bhffl- 
■worth,  Henry  Toonier,  Ffenry  Young,  Jo/eph  Eagle,  ar.d  George  BIylh,  Enquires,  be  and  they  and  every  ot  them  are 
hereby  conftittued  directors  and  trnttces  for  deligning,  laying  out,  building,,  and  carrying  on.  the  faid  town;  and- 
they  (lull  ftaml  leizsd  of  an  indefe-afible  eftste  in  fee  of  the  ia'.d  qtnmify of  Lands  fo  laid  off,  to  and  for  the  ufe,  in- 
tents and  purpofes  hereby  expreffed  and  declared  ;  and  they,  or  a  majority  of  them,  fluii  have  power  and  authority 
to  meet  as  often  as  they  Jhall  think  proper  ;  and  caufe  a  plao  thereof  to  be  made,  aad  therein  to  infert  a  mark  or 
number  to  ea;h  lot  ;  and  as  loon  as  the  faid  tov\  n  lhall  be  laid  oft  as  aforefaid,  ihey  and  each  of  therm  fhall  liave  pow- 
er to  take  fublcriptions  for  the  I'.dd 'ot-.,  of  fuch  ptribns  as  are  willing  to  fubicribe  for  theni  ;  and  when  the  faid  di- 
rectors ht.-e  taken  fuhferiptions  tor  fifty  lots  or  upwards,  they  lhall  appoint  a  day  and  give  public  notice  to  the  iub. 
fcribers  of  the  day  appointed  for  fhe  drawing  of  laid  lots,  which  fhallbe  done  by  ballot  in  a  fair  and  open  manner  by 
the  direction:  and  i:i  the  prefferice  of  the  majority  of  the  laid  diredors  at  Icaft  ;  and  fuch  fubferiber  fhall  be  entitled  to 
the  lot  or  lors  which  fhall  happen  to  be  drawn  for  him,  and  correfponi  with  the  mark  or  number  contained  in  the 
plan  of  the  faid  town  ;  and  the  laid  directors,  r r  a  -majority  cf  them,  fhall  make  and  execute  deeds  for  granting  and 
conveying  the-  laid  quantity  of  lard  fa  laid  elf  by  the  fa:d  commiffioners  into  halt  acre  lots  as  aforefaid,  to  the  lubfcri- 
bers,  their  heirs  and  afiigns  forever,  under  th.-  rules  and  reltrictions  and  provifos  hereafter  mentioned  ;  and  alio  to 
every  ot'ner  perfon  who  lhall  purchafe  any  other  lot  or  lots  in  the  faid  town,  at  the  colt  and  charges  of  the  grantee 
to  whom  the  faidiot  or  lots,  lhall  be  convej  ed  ;  and  every  pel  fan  claiming  any  lot  or  lots  by  virtue  of  any.  fuch  convey. 
anceihall,  -nd  may  hold  the  fame  in  fee  fimple  :  Provided  neverthele/s,  that  every  grantee  cf  any  lot  or  lots  in  the 
faid  to  vn  fo  conveyed,  fhall  ithjn  three  years  next  after  the  date  of  the  conveyance  fcr  the  fame  erect,  build  and  li- 
nifh  on  each  lot  lo  conveyed  one  we!!  framed  or  brick  houle,  twenty  lour  by  fifteen  feet  at  the  leall,  and  nine  feet 
pitch  in  the  clear,  with  a  brick  cr  Hone  chimney,  or  proportionable  to  fuch  dimenfions  if  fuch  grantee  fhall  have  two 
or  more  lots  contiguous  ;  and  if  the  owner  ot  any  lot  or  lots  lhall  tail  to  comply  with  the  directions  in  this  act  prefcri- 
bed  for  building  and  finilhing  a  houfe  thereon,  fuch  let  or  lots  upon  which  a  houfe  fhall  not  be  built  and  fmifhed  as  a- 
iorefaid,  fhall  b:  free  from  any  other  perfon  or  perfons  to  take  up  in  the  fame  manner,  and  under  the  like  rules  and 
reilrict  ons  as  other  lots  are  direfted  to  he  granted  to  any  other  perfon  or  perfons,  after  the  fubfcripiion  lots  are 
drawn  for  ;  and  in  cafe  any  perfon  owner  of  a  faved  lot  or  lots  in  the  faid  town  fhall  die  without  heir?,  or  legally 
difpoling  thereof,  then  and  in  fuch  cafe  fuch  lot  or  lots  fhall  be  fold  by  the  executor  or  adminiftraior  for  the  benefit  of 
the  creditors  of  the  perfon  fo  dying,  if  there  be  any  fuch  ;  but  if  fuch  perfon  be  not  indebted,  cr  the  fales  amount  to  . 
more  .than  fumcient  to  difchargethe  debts,  then  the  amount  of  fale  of  fuch  lot  or  lots,  or  of  the  overplus  aforefaid, 
fhallbe  applied  by  the  directors  to  the  benefit  and  improvement  of  faid  town  ;  any  thing  in  this  act  contained  to  the 
contrary  notw  ithftanding. 

IV.  Ani be  it  further  enacled,  by  the  authority  aforefaid,  that  each  refpective  fubfniber  who  fhall  fubtribe  fcr  any 
lot  or  lot*  in  the  faid  town,  fhall  within  one  month  after  it  fhall  be  alcertained  to  whom  each  of  the  faid  lots  doth  be- 
1  ng  in  manner  herein  before-mentioned,  pav  and  fatisfy  to  the  treafurer  of  the  laid  town  ten  pounds  for  each  lot  by 
him  lublcribeii  fcr  ;  and  in  cale  of  refufal  or  neglect  of  any  fubferiber  to  pay  the  laid  fum,  the  treafurer  fhall  and 
may  commence  :nd  profecute  a  fuir.  in  his  own  name,  and  therein  lhall  recover  judgment,  with  cofts  of  fuit  :  and  the 
faid  treafurer  as  foon  as  he  receives  the  laid  money,  lhall  pay  ami  fatisfy  to  the  faid  John  Walker,  his  executors,  ad- 
minittrators,  or  afligns,  the  fum  of  eight  pounds  for  each  lot,  in  full  fatis-faction  lor  the  faid  land  ;  and  the  other  fhall 
be  applied  towards  defraying  the  e>qence:>  of  laying  off  and  improving  the  laid  rowti,  as.  a  majority  ot  the  directors 
lhall  think  neceffary.  / 

V.  And  belt  further  enacled '.  by  tie  authority  aforefaid,  (hat  Henry  Toomerke,  and  is  hereby  appointed  treafurer 
©f  the  faid  town,  who  iha'l  enter  into  bond  with  fulficient  fecurity  to  the  Jufhces  of  the  court,  oj  the  faid  county  of 
'■Brmfvfick,  in  the  penal  t.im  (  f  t  ao  thoi.land  pounds,  that  he  will  well  and  truly  account  with  and  pay  the   monies  lie 

lhall  receive  in  virtue  of  hit  cjfice,  to  fuch  pnibn  or  perlons  as  by  this  set  is  directed  ;  and  en  the  death  or  removal  of 
the  laid  treafurer  the  remaining  direct)  rs,  or  any  three  cf  them  by  certificates  under  their  hards  and  leals,  fhall  no- 
minate ar.d  appoint  one  other  ol  the  directors  to  be  treafi.rir  of  the  fa:d  town,  and  lo  in  like  manner  from  time  to  time 
as  often  as  the  faid  Dlficc  fhall  become  vacant  as  aforefaid  ;  ard  fuch trealcrer  or  trealurers  lliall  er.rei  into  bond  vuth 
fertility,  in  the  fame  manner  as  the  nealurer  by  this  net  appointed. 

VI.  And  ior  continuing  the.  lucceliion  of  the  laid  directors  untill  the  faid  town  fhall  be    incorporated,    be  it  /:-.•  '' cr 
cnr.ft-d  In  toe  authority aforefaU,  that  in  cale  of  the  death  or  refufal  to  act  of  any  ot  the  (aid  directors,   the  I 
director-,  or  the  majority  of  them,  fhall  aflen-.ble  and  are  hereby  impoweredfiom  time  10  t  me  b-  ii  ib-miit-nt   in  w  ri« 
img  under  their  hands  and  leals,  to  nominate  fome  other  perfon  being  a  freeholder  in  the   laid  tjjwh  rn    the  place  of 


12$ 
rfim  fo  tlyin-r  or  refilling  t  o  »!t ;  which  n?w  directors  (o  nominated  an  1  appointed  mall  from  thenceforth  have  the  like 
power  and  authority  in  all  tlnngs  in  the  matters  herein  contained,  as  if  they  had  been  expreilly  named  and  appointed 
in  and  by  this  act. 

Ck  ap.  XLV.  An  aft  for  eGabliflnng  and  laying  out  a  town  in  Richmond  ifiunty  by  ihe  name  of  Rockingham. 
I.  VT  7fiE,ilE.A  3  trie  eitablifhing  and  Laying  out  a  sown  in  the  county  oi  Richmond  an  the  public    land    at    the   court- 
VV    houfe  therect  wculd  be  of  ^reat  advantage  to  the  inhabitants,  and  be  a  cuiuiderabie  means  of  railing  money 
for  building  the  public  build  ng*  of  fai  1  cbupty  j 

II.  Be  it  therefore  er.aclid  t>y  the  General  Affi.wly  cf  the  I  la\  C  of  North-Carolina^  and  it  is  hereby  enxcied  hy  i  he  aid),  o  • 
rity  of  the  jam:,  that  the  commiflioners  heretofore  appointed  fp>-  contracting  for  the  building  of  the  public  buildings  6f 
Richmond  county,  or  a  majority  of  iheiu,  be  and  they  are  hereby  authorized  and  impowerea  to  lay  out  all  ihe  public 
lands  by  them  purchafed  lor  the  ufe  of  the  public  at  Richmond  court-  houfe  into  a  town  of  half  a  :re  lets,  withproper 
ftreets,  &c.  which  Hull  be  called  and  known  by  the  name  at- Rockingham  ;  one  or  more  of  the  laid  lots  to  be  referv. 
ed  for  the  ufe  of  the  pubic  buildings,  and  the  other  lots  to  be  dilpuied  of  by  the  fait)  commiflioners  towards  railing 
the  money  for  compleating  t lie  laid  public  buildings  ;  and  the  laid  comaiijlioners  are  hereby  authorized  to  make  good 
and  fufiicient  titles  in  fee  iimp'te  to  the  rtlpcctive  purchafcrs  for  the  laid  lots. 

Chap.  XL  VI.   An  aclio  amend  an  aft,  intituled,  An  aft  for  eftabli  filing  a  town  on  tiie  land  of  tViiliam  Herritage,    at 

a  place  called  At/rns's  Banks,  in  Doi'bs  county,      p.    41. 
I.  IT  7HER.EAS  the  erecting  and  eltablilh'mg  a  town  in  the  county  of  Dobbs  has  been  a  means  of  promoting    trade 
V  V  and  commerce  ;  and  the  aft  of  AlT-mbly  palled  in  the  year  of  our  lord  one  ihoufand  feven  hundred  and  frxiy- 
two  for  eftablifh'filg  the  tame,  is  found  to  want  alterations  and  amendments. 

1 1.  Be  it  there/Ire  enafted,  by  the  General  Affe-nbly  of  the  State  of  North-Carolina,  and  it  is  hereby  entiled,  by  ihe  au. 
ihoi  hy  of  the  fame,  that  the  one  hundred  and  filty  acres  of  land  conflituted,  erefted  and  eftabiifhed  a  town  and  town. 
com. noii  by  the  name  of  King/ion,,  fhal!  from  and  alter  the  pairing  of  this  aft  be  tailed  and  known  by  the  name  of 
Kin  I ion. 

1IL  And  whereas  the  greater  number  of  the  dircftors  and  truftees  of  the  faid  town  appointed  in  the  laid  r.ft  are 
d.-ad  or  removed  out  of  the  laid  county,  and  it  being  domed  whether  thofs  remaining  have  power  to  fuppfy  the  va- 
cancies by  el.ftmg  others,  be  itlberefoie  enacled,  by  the  authority  aforejaid,  that  the  honourable  Richard  Ccfw'eil,  EC- 
quire,  Jeffe  Crbb,  William  Cqfwetl,-  Ifaac  Ir'ingete,  Richard  Cajxveil  ihe  younger,  John  Hirritage,  and  John  Sheppara"} 
Efquires,  (hall  be,  and  they  arc  hereby  appointed  truitees  and  directors  of  the  laid  tow  n  in  the  place  and  ftead  of 
thole  appointed  by  or  elected  in  virtue  of  the  aforelaid,act,  and  {hall  and  may  ufe  and  exercif.'  the  fame  powers  and 
authorities  as  the  directors  or  truitees  of  the  laid  town  appointed  by  the  faid  aft  could  or  might  have  exercfed,  ufed 
and  enjoyed  by  virtue  of  the  fame  ;  and  in  cafe  of  the  death,  refulal  to  aft,  or  removal  out  of  the  county  of  any  of  the 
faid  directors,  the  furviving  or  other  directors,  or  a  majority  of  them,  fball  and  they  are  hereby  impowered  to  choofe 
another  director  or  directors  in  the  room  of  i'uch  lb  dying,  refilling  to  aft  or  removing  out  of  the  county  ;  nnd  fuch 
director  or  directors  (liall  have  the  fame  power  and  authority  as  if  expreilly  named  and  appointed  in  and  by  this 
aft. 

IV.  And  be  it  further  enacled,  by  the.  authority  afore  fail,  that  for  the  future  the  courts  of  the  faid  counrv,  the  e- 
lection  of  representatives,  the  election  of  wardens  or  the  poor,  general  tr.uftets  and  other  legal  public  meetings  of  the 
inhabitants  of  the  faid  county  Hull  be  held  in  the  faid  town  ;  and  the  fheriii  of  the  laic!  count]',  the  clerk  of  the  county 
court,  and  the  regifter  of  the  county  and  their  iuccefibrs  in  odice.  ihall  hold  and  keep  their  reipeftive  offices  in  the 
laid  town  of  Kin/ion,  and  at  no  other  place  whatever  ;  any  cuitom  or  ul'age  to  the  contrary  notwithftanding.   • 

V.  And  be  it  further  enacled,  by  the  authority  aforejaid,  that  no -fair,  writ  or  other  procefs  that  is  or  lhail  be  made 
returnable  to  the  next  county  court  of  pleas  and  quarter  lemons  to  be  held  for  the  county  cf  Dobbs  after  the  pafiing  of 
this  aft  fliail  be  abated  or  vacated,,  or  any  bail  bond,  recognizance  or  other  inftrument  ot  writing  become  void  or  in- 
valid, but  the  fame  ftu!l  be  good,  available  in  law,  and  as  effectual  to  every  in'ent  and  pi.i  pofe  v>  hatfecver  as  if  the 
alteration  of  the  name  cc  the  laid  town  and  town-common  had  never  been  rrade  ;  and  that  fo  much  of  the  above  re- 
cited aft  as  is  not  altered  by  this  aft  (hall  be,  imd  is  hereby  declared  to  be  oi  the  fame  force  and  effect  in  relation  to 
the  laid  town  and  town-  common  as  if  the  fame  had  been  originally  called  by  the  name  of  Kir.Jlon. 

VI.  Ar.h  be  it  further  enabled,  by  the  authority  afore/aid,  that  one  half  ot  the  lot  comprehending  the  fcuthern  part 
th  reof,  known  in  the  plan  of  the  faid  town  by  the  number  feventy  fix,  be  anti  hereby  is  veiled  in  the  Jufliccs  ol  the 
faid  county  of  Dobbs  and  their  fucceffors  in  office  for  the  (ole  purpole  of  eiefting  a  gaol  thereon  for  the  tile  of  the  laid 
county  ;  and  the  truitees  and  directors  of  the  laid  town  are  hereby  declared  to  have  no  power  to  dilpofe  of  or  convey 
tne  laid  lot  to  any  other  pcrlon  or  perlons,  or  for  any  other  ufe  whatloever  ;  any  thing  in  the  before  recited  aft  to 
the  contrary  notwithftanding. 

VII.  And  be  i!  further  enacled,  by  the  authority  aforefaid,  that  the  directors  and  truftees  cf  the  faid  town  fhall  be 
veiled  with,  and  are  hereby  declared  to  ha,-e  power  to  call  upon  fuel)  pcrlon  and  perlons  as  have  received  any  mo. 


J  3° 

n:e»  or  engaged  by  iubferiptions  to  pay  any  fucK  e^  who  may  hereafVr  fbbfcribe  any  mrney  for  the  erecr'np,  builcf. 
ing-tnd  finiihini|  t'.ie  court-houfe,  prilon  and  ftocl.s  in  the  laid  town  for  the  piy  nem  of  the  lame  ;  and  in  cafe  ol  ne. 
gleet  or  re  hi  Pal  to  pay  luch  money  utcy  lhall  and  m  .iy,  and  are  hereby  impowercd  and  authorized  in  tne  name  of  die 
iicafurer  of  the  fasd  tOAn  to  (us  for  and  recover  the  lamj  before  any  jurifdiction  having  ccgnreance  thereof,  and  (hall 
caufe  the  lime  to  be  applied  to  the  purpofes  of  the  faid  fubtcripiions,  and  to  no  other  ufe  or  purpole  whatsoever. 

VIII.  And  be  it  further  entiled,  by  the  authority  afortfaid,  that  the  directors  and  trultees  for  the  time  being,  or  a 
mjjority  of  them,  fhall  and  are  hereby  impowered  to  pals  any  order  they  may  judge  proper  lor  opening  the  itrtets, 
pnvrnimg  mortar,  clay  or  wooden  cLimnies  being  built,  and  pu'ling  down  Inch  as  are  already  built,  it  judged  Ly 
them  to  be  a  nuiiance,  for  obliging  the  inhabitants  to  keep  their  chimnies  clean  and  railing  them  to  a  proper  height, 
for  obliging  all  per  ions  to  ckar  the  itreets  before  their  houks,  and  for  all  other  things  for  the  good  and  fafety  ol  the 
laid  town  and  the  proper  regulation  of  it,  confidently  with  the  laws  of  the  ftate,  and  to  enforce  tuch  ordus  by  laying 
a  fine  not  exceeding  forty  ihiHings  on  all  perfons  neglecting  or  refuting  to  comply  therewith,  to  be  levied  by  a  wairauc 
from  luch  directors  and  trultees,  and  fa!e  of  the  offendeis  goods  in  the  fame  manner  as  goods  are  lawfully  Ibid  for  the 
payment  of  final!  debts,  and  the  money  applied  to  the  ufe  and  benefit  of  the  laid  town. 

.TX.  And  be  it  further  enailed,  by  the  authority  aforejaid,  that  the  directors  and  truikes  of  the  find  town,  or  a  majoi!. 
ty  of  thsm,  (hall  as  often  as  they  think  proper  appoint  a  town  clerk,  and  lhall  keep  a  town  book  in  which  lhall  be  enter- 
ed the  time  ol  taking  the  entries  of  lots,  th;  orders  they  way  make,  the  perfons  names  who  make  fuch  entries,  the 
Time  when  tl.e  deeds  are  granted,  an  account  of  the  monies  they  rcce  ve,  the. manner  of  applying  "he  fame,  and  the 
nun  -remaining  on  hai  d  ;  and  Iuch  clerk  may  take  and  receive  tor  the  entry  of  each  lot,  and  drawing  the  deed  lor 
the  lame,  the  i'um  of  eight  fhillincrs  and  no  more. 

X.  And  be  it  further  enc.  Sled,  by  the authority'  oforefitid,  that  the  Juftices  of  the  faid  county  of  Dobbs  (hall,  and  they 
are  hereby  impowered  yearly  to  appoint  fotne  tit  and  proper  perlon  inhabitant  of  the  faid  town  overker  of  the  lame, 
who  fhall  as  often  as  there  Dull  beoccafion  fuinmnn  the  male  inhabitants  of  the  faid  town  liable  by  law  to  woikon  pub- 
lic loads  to  clear  and  repair  ihe  llreers  ami  alleys  thereof,  end  ic  '>ove  any  nuifance  or  nmfances  wiihin  the  lame,  and 
if  fuch  inhabitants  fhall  fail  cr  refufe  to  appear  on  fucn  luminous  and  work  in  the  faid  town  at  luch  times  and  places  as 
the  overker  lha'.l  direct  (two  d  ivs  notice  being  given  before  the  day  appuinttd  for  working),  Inch  pcri'on  lo  neglect- 
ing cr  refufing,  or  the  mailer  cr  miltrels  of  fuch  perlon  being  an  apprentice,  fervant  ot  Hives.  kali  foifeit  and  pay 
the  Juki  often  Ihillings  for  every  day  he  fin  II  lb  negleft  or  rctufe,  to  be  recovered  bv  a  warrant  irom  any  Juitice  of 
die  Peace  for  ihe  kid  county,  t«  be  applied  to  the  purpose  of  employing  perlons  to  work  on  and  keep  the  ltreets  and 
alleys  in  the  faid  townckan  and  in  good  order  and  repair  ;  and  the  inhabitants  ot  the  laid  town  of  Kin/ton  lhall  be, 
and  for  the  future  are  by  this  act  declared  to  be  exempt  Iron  working  on  any  of  l'te  pu  >  be  roads  out  ot    he  la:ct  town. 

XI.  And  be  it  further  entitled,  by -the  authority  afore/hid,  that  none  of  the  inhabitants  ot  the  laid  town  lhall  on 
any  pretence  wbatfosver  lufkr  anv  of  their  bogs  or  geek  to  run  or  be  a  t  targe  wiihin  tie  bonnes  of  the  laid  town  ; 
aril  any  hog  or  hogs,  gooie  or  geel'e  running  at  large  in  Hit  iaid  town,  fhu;i  be  fufeittd  to  any  perlon  who  fliall  kill 
cr  feizb  the  jams. 

XII.  And  be  it  further  cna  led,  by  the  nitthmty  tfcrejaia',  that  fo  rrmcli  ot  the  aft  for  eftablifhiitg  the  town  of  K'mgftw 
as  is  repugnant  to  or  iiuonlillcnt  with  ihis  act  be  and  is  hereby  icpeaied  and  made  void. 

ClIAP.  XL  VII.   An  for  ejlablifh'mg  a  tovjn  on  Cumberland  river  a'  a  place  calledthe  Bluff,  near  the  French  Lick. 
I.   TT)  E  it  tnaxled  by  the  Generat  AJftmbly  of  ihe  flute  of  North- Carolina,  mid  it  is  hereby   en.icleri  by  the  authority  of  the 

j53  fame,  that  the  directors  or  trufkei  be.  cm  after  appointed,  or  a  majority  ifi  fern,  fi.;'ll  fo  Iron  as  may  be  alur 
the  pafling  of  this  act  caufe  two  hundred  acres  ot  hnd,  fituate  on  the  fouth  flde  of  Cumberland  liver  at  a  place  called 
■the  Bluff,  adjacent  to  the  French  Lick,  in  which  the  faid  Lick  Jiiall  not  be  included,  to  be  laid  o&  in  lots  of  oie  acre  each, 
with  convenient  itreets,  lanes,  and  alleys,  rekrving  four  acres  for  the  purpoie  of  erecting  put. lie  buddings,  on  which 
i;.nd  lb  laid  off  according  to  the  direct  o^s  ot  this  act,  is  hereby  constituted,  erected  and  eftablifk  d  ■>  town,  aid  fkll 
be  called  and  known  by  the  name  of  Nfffi-l-  ':!!  ,  in  the  meir.ory  ol  the  patriotic  and  brave  Genera!  Nafh. 

II.  And  be  it  father  cnncled,  by  the  Authority  ttforefaid,  that  from  and  after  the  palling  iir  tWs  acr>  Samuel 
Bardeh,  Thomds  Maloy^  Daniel  Smith,  James  Shaw,  and  Ifaac  Lindfay,  be,  they  and  every  of  them  are  hereby  con- 
stituted directors  and  trultees  for  creeling  and  laying  out  and  carrying  on  the  laid  town  ,  and  tt  ey  lhall  ltand  ieized  of 
■jin  mdekalibkdtare  in  ke  of  the  faid  two  hundred  acres  ot  land,  to  and  for  the  uks,  intents  and  purpofes  hereby 
expreffed  and  declared  ;  and -they  orany  three  of  them  lhall  have  power  and  authority  to  meet  as  often  as  they  lhall 
think  necefTary,  and  ciule  a  plan  thereof  to  be  made,  and  therein  to  inkrt  a  mark  or  number  to  each  lot  ;  and  as  loon 
as  the  faid  town  fhall  be  1  aid  off  as  aforefaid,  they  and  each  ot  them  lhall  have  power  to  take  iubferiptions  for  the  faid 
lots  of  fuch  perfons  as  are  willing  to  lublcribe  for  the  fame  ;  and  when  ihe  laid  directors  have  taken  Iubferiptions  for 
fifty  lots  or  upwards  they  lhall  appoint  a  day  and  r>ivc  public  notice  to  ihe  tubicribers  of  the  day  appointed  for  the 
drawing  of  the  .faid  lots,  which  Hull  be  done  by  ballot  in  a  fair  and  open  manner,  which  Hall  be  done  by  the  chrccti- 
-or.s  and  in  the  preknee  of  a  .najorify  of  the  laid  directors  at  leaft  ;  and  fuch  lub'cr.ber  ihall  be  entitled  to  the  let  or  lots 
■which  fliall  happen  to  be  drawn  for  him,  and  correlpond  with  the  mark  or  number  crntained  in  the  plan  of  the  faid . 
town  ;  and  the  (aid  d'reetors  or  a  majority  of  them  llial  make  a  id  execute  deeds  for  granting  and  conveying  the  laid 
;  wo  hundred  acres  of  land  iii  lots  of  one  acre  as  afore/atd,  to  the  lubfaibers,  their  heirs,  snd  alliens  forever,    undgr 


*3f 

the  i^cs  reftri&oas  and  provifocs  hereafter  mentioned;  and  alfo  to  every  other  perfon  wno  mall  purchafe  any  lot 
or  lots  in  the  ia  d  tov.  n  at  tut  coit  jnd  charges  of  the  grantee  to  whom  the  fjid  lot  cr  lots  (hall  be  conveyed  ;  and  eve- 
ry  perfon  claiming  jfny  lot  ci  lots  by  virtue  of  luch  conveyance,  midland  may  hold  and  enjoy  the  lame  infte  limple  : 
Provfded  nederthef/i,  thai  every  grantee  of  any  lot  or  lots  in  the  laid  town  lo  conveyed,  ihall  within  three  years  after 
tiie  datecf  the- com  e>  ance  tor  She  lame  erect,  build  and  fiuifh  en  each  lot  lo  conveyed  one  well  framed  or  iquare  log* 
ged,  or  brick,  or  (tone  houle,  iixteen  feet  lquare  at  lealt,  and  eight  feet  pitch  in  the  clear,  with  a  brick  or  fione 
cii  mr.ey,  or  proportionable  to  iuch  dimenfious  if  'nch  grantee  have  two  or  mote  lots  contiguous  ;  and  if  the  owner  of 
any  lot  cr  lots  Ihall  iail  to  comply  wiih  the  directions  m  this  aft  prefcribed  for  bu  lding  and  nnifhing  a  houle  thereon, 
di:ch  lot  or  lots  upon  which  a  houle  fhall  not  be  bu:lt  and  finiihed  as  aforefaid,  ihall  be  free  for  any  orlier  perfon  or  per- 
ons  to  lake  up  id  the  lame  manner  and  under  the  fame  rules  and  rettrieiionsas  other  lots  are  directed  to  be  granted 
to  any  other  per, on  or  perfons  after  the  fuhferiptien  lots  are  drawn  lor. 

ill.  Audi's  it  r.urthci;  enaBed,  by  the  authority  ttfortfaidj  that  each  refpecliye  fubferiber  who  Ihall  fubferibe  fir  any 
.  -ot  or  lots  in  the  laid  town,  Ihall  \»ithin  one  month  after  it  fhall  be  afcertained  to  whom  each  of  the  faid  lots  doth  be- 
long  m  manner  hereinafter  mentioned,  pay  and  fatisfy  to  the  treasurer  of  the  laid  town  four  pounc's  fpecie  for  each 
lot  by  him  fubferihed  fcr-i  and  in  cafe  of  theretulal  or  neglect  of  any  lubferiber  to  pay  the  laid  fum,  the  trejfurer 
may  and  lliali  commence  and  proiecute  a  fuit  in  his  own  name  for  the  lame,  and  therein  Ihall  recover  judgriJmt  wi:h 
calls  of  fiiit  :  and  the  laid  treafurer  fhall  as-  loon  as  he  receives  the  laid  money  pay  the  lame  into  the  hands  of  Eyhraim, 
MLej,r.,  Aid-ev.i  Even,  and  Jonathan  Drake,  to  be  by  them  applied  to  the  ptirpofe  of  building  a  court  hi  tile,  pri&n 
and  flocks  upon  the  before  relcrved  public  lots,  for  the  ule  and  bench;  of  Duv'u.Jw  county  ;  and  the  laid  Efhraim. 
SVLean,  An.irevj  Emerf,  and  Jonathan  Drake,  are  hereby  directed  and  required  to  givs  bond  with  approved  fecurity  to 
the  Juftices  of  the  Li  J  c  jurt  lor  ths  faithful  application  of  the  lame,  in  Hie  penal  fuin  of  one  thoufacd  pounds  fpecie, 
previous  to  th.irreceiving  the  fame. 

IV.  /m&  beitfur  'her  watted,  by  the  wutberlty  *fi>refai&t  that  Samuel  Burden  be,  and  hereby  is  appointed  treafurer 
of  the  faid  town,  who  ihall  enter  into  bond  with  luffieieni  fecurity  to  the  Juftices  of  the  laid  court  of  David/ox  county 
iri  the  perral  turn  of  one  thouland  pounds',  that  he  will  well  and  truly  account  with  and  pay  the  monies  he  fhall  receive 
in  virrue  ct  his  office  to  eacn  petion  and  peribns  as  by  this  act  he  is  directed,  and  on  the  death  of  the  faid  treafurer  the 
regaining  directors,  or  irny  tiiree  of  them,  by  certificate  under  their  hands  and  leals,  fhall  nominate  and  appoint  one- 
other  of  the  laid  directors  tjbe  treasurer  of  the '.aid  town,  and  fo  in  like  manner  from  lime  to  time  as  often  as  the 
fa  id  office  lhaH  become  vacant  as  .Morel aid  ;  and  letch  treafurer  or  treai'urers  ihall  -enter  into  bond  with  fecurity,  in  the 
fame  manner  as  the  treaiurer  by  this  act  appointed. 

V.  Aid  for  the  continuing  the  fucceffioii  of  the  faid  directors  until  the  faid  town  fhall  be  incorporated,  be  it  further 
cttaclcd  by  tie  authority  aforefaid,  that  in  cafe  of  the  death  or  reltiial  to  act  of  any  ot  the  laid  directors,  the  re  min- 
ing directors,  or  a  majority  ol  them,  areherebv  impowered  from  time  to  time,  by  inflrument  in  writing  under  their 
hands  and  leals-,  to  nominate -'bme^ther  perfon  being  a  freeholder  in  the  faid  tosvn,  in  the  place  of  him  fo  dying"©? 
refuting  ttracft  ;  which  new  director  lb  no.i-.inau-d  and  appointed  fhall  from  thenceforth  have;  the  like  power  and  audio. 
rhy  in  all  things  and  matters  herein  contained  as  if  he  had  been  exprellly  named  and  appointed  in  and  by  this  acT:  :  />;. 
vide'd,  that  parties  Robert  fov  fliall  have  leave  to  chcofe  tour  lots  in  Inch  part  ot  the  faid  town  as  he  (hall  think  prcper, 
for  which  he  Ihall  pay  the  laid  commiffioners  four  pouncis  icr  each  lot,  and  Ibail  have  deeds  for  the  fame,  in  the  fame 
manner  as  directed  by  this  ad  in  other  cales. 


Chap.  XLVUI.  An  aft  for  annexing  'certain  lands  laid  off  by  Thomas  Kefpifs,   Efquire,  to  the  town  of  Wathragtons 

an  I  for  imp&aterhtg'Jhe  commiffiorte  s  to  lay  atix  on  the  inhabitants  of faid  town. 
i#  R^:/  ei""^i"J*  h  t!:;  General  Afjimbiy  of  the  State  of  North-Carolina,  and  it  is  hereby  evafted,  by  the  authority  of 

U>  ti:ejanne,  \  ha-  from  and  after  the  palling  of  this  act  all  that  tract  or  parcel  ot  land  lately  laid  out  by  Thon.es  Rff. 
■f'.ff,  Efquire,  imh  ediately  above  and  adjoining  the  town  of  Wafnington,  containing  fifty  two  lois,  (hall  be  and  is  here- 
by  annexed  to  the  faid  town,  anu  ihall  hereafter  be  conlideied  as  part  of  the  town  QilVefitngton,  and  lubject  to  tLe 
fame  rules  and  regulations. 

If.  And  whereas  it  is  receffary  that  the  (Vests  fltculd  be  kept  in  repair,  and  other  ufefui  improvement?  made  therein, 
bettenaaed.  by  the  authority  afire/aid,  that  from  and  after  the  palling  of  this  acl  the  commiliioners  of  the  faid  town, 
cr  a  majority  of  them,  fliall  and  they  are  hereby  required  within  lixiy  days -after  the  firft  day  oi  Atril  in  every  year  to 
lay  luch  a  tax  as  ihey  may  jud^e  ne  cefiary,  not  exceeding  one  (hilling  on  every  hundred  poinds  value.ot  taxable  pro. 
pertv,  which  tax  Ihall  be  collected  by  warrant  untie*  the  hands  and  teals  of  the  comniiffioners  or  a  majontv  of  them, 
d. reeled  to  any  perfon  they  fliall  appoint  to  coliect  the  lame,  returnable  at  luch  time  as  (ball  be  therein  menticned, 
which  la.d  collector  appointed  as  aforefaid  is  hereby  impowereci  to  collect,  and  make  diftrefs  tor  the  fame  in  like  man- 
ner as  merits  or  other  collectors  of  public  or  comity  taxes  are  impowered  by  law,  and  the  money  arifi'g  thereirom, 
after  deducting  five  per  cent  commii!;o;is,  fliall  be  by  him  paid  into  the  hards  of  the  commiffioners  cr  a  majority  tf  them, 
to  be  bv  them  applied  and  lata  out  in  clearing  ar.d  repairing  the  public  ftreets,  and  in  any  other  public  improvements 
they  may  judge  1  ecefiary  foi  the  bench;  ct  the  faid  town. 

1  i  1 .  And  lie  it  further  enabled  by  the  authority  afire  faid,  that  all  petfens  refiding  three  month?  ;n  the  fa:d  u  v.n  next 
•before  the  f.rfl  day  ct  Afrit  in  every  year  fliall  be  iubjeit  to  pay  texts  in  the  fame,  which  laid  tax  11:  ail  be  levied  on  all 


1lt  .  r  ,,' 

taxable  property  within  the  Sal  5  to  vn,  and  a  pol.  f,ax  of  two  flidlings  on  all  finglc  perfons  liable  to  pav  taxes  in  (aid 
town  not  poilefled  of  one  luim'i  ei  poondi  iaxii>!e  property,  in  ilie  lame  manner  as  public  taxesare  by  law  to  be  levied, 
'and  fhall  be  given  in  at  tlie  fame  time  and  in  i/ie  iame  manner  as  other  tax.ible  propcr:y  is  by  law,  and  die  jullice  who 
Jhall  r.ceive  sad  lift  is  hereby  required  to  return  the  lame  to  the  commillioners  within  tfcxty  day,s:  alter  the  iirft  day    of  i 
April  annually. 

IV.  And  be  it  further  en*e7ed,  by  the  authority  afore/aid,  that  no  inhabitant  of  the  faiJ  town  (hall  on  any  pietencc 
■whatfoever  keep  any  hog  or  hogs,  Ihoat  or  pig  running  at  lar^e  within  the  bounds  of  laid  town,  under  the  penalty  of 
forfeteing  laid  hog  or  hags,  thou  or  pig  ;  and  it  (hall  be  lawful  for  any  perfon  or  perfons  having  refided  three  months 
in  faid  town  to  (hooi»  kill  or  otherwile  deftroy  fuch  hog  or  hogs,  Ihoat  or  pig  lb  running  at  large  withiu  the  bounds 
«t  laid  town. 


Chat*.  XL1X.   A*  aSl  to  amend  an  acl ,  Intituled,   An  aft  for  the  regulation  of , the  town  of  IVilmingion.     p.  33. 

•5,   *  %  TfcULRJLftS  by  an  act,  intituled,  An  ..ft  fr  (bt ■  regulation  of  tit  topn  of  W i!u>ingtony    palled    in    the  year    ens 
Vt      tno'jland   (even  hundred  and  fifty  fix,  the  cciiimllfionersuf  the  laid  town  are  directed  at  leaft  twice  in  every  . 

-year  to  warn  all  the  male  taxa  les  to  clear,   repair  and  pave  the  ftreets,   lanes  or. alleys  and  to  make  or  mend  wharves, 

■docks  or  flips,  which  have  been  {ound  by  experience  to  be  inconvenient  and  .burihen!ome,  and  not  to  anfwer  the  pur- 
poles  thereby  intended  ;   for  remedy  whereof, 

II.  Be  it  enaelcd,  by  the  General  Afemhly  of  the  hla.e  of  Nirth-CiroYtna,  audit  is  herehy  enncled,  by  thf  authority 
<f  the  fame,  that  the  commiilioners  of  the  laid  town  mall  annually  levy  a  tax  not  exceeoing  ten  .'hillings  0.1  every  hund- 
red pounds  value  of  taxable  property  within  the  laid  town,  and  a  proportionable  poll  tax  on  all  perfons  who  do  net 
pollels  in  tiie  (aid  town  the  value  of  one  hundred  pounds  in  taxable  properly,  which  tax  fhall  be  collected  by  a  war- 
rant under  the  hands  and  lea's  of  the  comrnifiicp.ers,  directed  to  fuch  perlon  ss  they  flnll  appoint  for  that  purpofs  ; 
and  the  collector  to  be  appointed  as  afisrcfaid,  is  hereby  urrpowcred  and  directed  to  collect  and  make  diilrels  for  the 
fame  in  like  manner  as  collectors  of  public  taxes,  and  the  monies  ariling  therefrom,  alter  deducting  fvtper  cent,  for  • 
-commilfions,  (hall  by  him  be  paid  imo  the  handj  cf  .the  town  treafurer,  10  be  by  the  comnoifiioners  applied  and  laid  out 
in  clearing,  ciear.in  ;  and  repairing  the  fueets  and  public  pafiiiges,  making  and  repairing  water  courfes,  public  wharves  ■ 
and  docks,  payiflg  oilicers  lor  traniaeting  the  bufineis  of  the  town,  aud  1:1  luch  other  public  work  and  buiintfs  as  the 

•  -commiffioiiers  may  deem  nc ceflary. 

-  ■  III.  And  the  msre  effectually  to  afcertain  the  taxable  property  within  the  ia'd  iov.t:,  be  it  enacted,  by  the  authority 
jiforej'ciiJ,  th.it  every  inhabitant  thereof  lhall  yearly,  at  the  time  he  (lull  give  in  his  taxable  property  to  be  afl'eflid  for 
the  life  of  the  Hate,  diftingu'dh  in  the  lift  he  fhajl  return  what  part  thereof  is  lituatcd  witiiin  the  faid  town  ;  ana  if  a- 
ny  inhabitant  (hall  fail  (0  to  do,  tie  cornmifioners  (hall  and  may  order  the  town  tax  to  be  levied  for  the  whole  amount 
-of  the  taxable  property  of  the  perfon  lo  failing  as  afarefajd,  although  part  thereof  may  not  be  within  the  faid  town  ; 
any  thing  herein  contained  to  the  contrary  noDwithftandjng  :  And  it  is  hereby  declared,  that  every  perfon  inhabiting  , 
t>r  occupying  any  hoafe  or  ether  building  or  improvement,  or  any  wharf,  or  lot  withiu  the  (aid  town,  fhall  be  liable. 
■to  the  payment  of  the  tax  thereof,  unieis  the  fame  fha!)  have  been  returned  by  fame  other  inhabitant. 

IV.  And  whereas  the  fire  engines  of  the  faid  town  are  greatly  nut  of  repair,  and  fon.e  parts  thereof  entirely  def- 
tToyed,  be  it  therefore  tnacled,  by  the  authority  afore/aid,  that  the  faid  conimiffiouers  (hall  ar  d  they  are  hereby  required  1 
a-s  loon  as  they  fhall  be  pofleffed  of  a  fuflkient  fund  tor  that  purpofe  caaie  the  faid  cnniiies  to  be  repaired,  and  when  lb 
repaired,  that  they  have  the  fame  worked  at  leait  once  in  ft  ery  mouth,  under  the  penalty  of  forty  ihillings  Jor  every 
month  which  they  (hail  neglect  to  have  the  teme  done,  to  be  recovered  by  anyperibji  who  /hall  Cue  for  the  fame  in  a- 
.Bj  court  of  record  having  cognizance  thereof.  . 

V.  &  VI.   Repealed  by  1790,   .16,   24. 

VII.  And  be  it  further  tnacled,  by  the  authority  af'yfidJ,  that  the  commifnonc":  of  the  fiid  town  and  their  fucceflbrs 
in  rfh\-e  (hail,  and  they  are  hereby  declared  to  be  a  body  politic  and  corporate,  by  the  name  and  defignatioa  oi  the 
somraiiuiofiers  of  the  to#n  of  Wilmington,  and  that  they  inay'fue  and  beiued,  implead  and  be  impleaded  as  fuch,  and 
lhall  have  piver  am)  authority  to  make  orders  not  inconiiltcn:  withthe  conilitution,  for  carrying  this  and  the  before- 
mentioned  act  into  execution,  and  to  appoint  a  trealtirer,  cierk,  furvcyor,  firfc-mafters,  and  (uch  o.her  officers  as 
fhall  appear  to  them  necefiary  for  the  good  go.  eminent  of  ihe  laid  town,  aicerta  ning  the  ialaries,  lees  and  perquifnes 
of  inch  o(n:ers. 

VI II.  And  be  it  further  enacled,  by  the  authority  aforefAd,  trrnt  the  faid  rommiff.or.ers  are  hereby  particularly  re- 
quired and  directed  to  afcertain  thedircanee  to  which  wharves  may  he  exiemied  in  the  river  fo  as  10  prevent  anv  in- 
<roathrnent3  on  the  channel,  and  to  caufe  all  perfons  who  are  owners  or  occupiers  of  wharves,  or  who  may  hereafter 
jnake  wharves  to  raile  walls  of  (tone,  brick  or  timber,  at  leaft  one  foot  above  the  furface  of  each  wharf,  fo  as  to  pre- 
vent find  or  earth  being  carried  into  the  river  by  floods  of  rain  ;  and  the  faid  commiilioners  are  required  to  he  parti- 

rculirly  careful  in  that  relpect  in  conftructing  all  public  wharves,  great  injuries  having  already  bten  done  for  want  of 
that  necelfary  precaunon,  the  channel  being  in  many  places  confiderably  narrowed;  the  faid  commiliioners  are  alfo 
particularly  requiretl  and  directed  10  prevent  any  buildings  from  beingerected,  until  the  ground  on  which  fuch  build- 
1  <:;s  are  intended  1.0  be  (hall  be  firtl  divided  from  the  ltrect  by  a  line  to  be  drawn  by  the  town  furveyor,  under  an  or- 
der frorij  the  faid  cotainiinoners  ;  and  all  and  every  perfon  or  perlons  conftructing  or  building,  or  acemptincj  to  con. 


*3% 

grncr  T  b'i*ld  any  wharf  or  whwwes,  or  any  tenement  or  other  building,  contrary  to  the  true  intent  and  meaning  tf 
thii  act,  (hall  be  iiable  to  pay?.  fine  to  the  f.iid  con  n  ifur.ers  for  thcule  of  the  laid  town  not  exceeding  the  lum  of  five 
jjDur,  Is,  to  be  recovered  js  aforelaid,  and  moreover  fuch  bu.ldmg  or  iacroachments  lhall  be,  removed  at  the  expence 
ot  the  party  offending. 

IX.  An  I  be  ipfurther  enabled,  bv  the  authority  aforefrcl,  that  tbs  cc  nmtfitoners  of  the  fa  id  town  are  hereby  parti. 
eularly  required  and  directej  to  make  the.  neceffjry  regulatio  is  to  prevent  11  ives  fro.n  keeping  hdules  in  the  la  id  town 
a'd  to  impofe  fines  and  penalties  on  the  owners  and  tenants  of  boufes  who  Ih  ill  fuffsr  the  lams  to  be  occupied  by  (lives 
and  to  prevent  all  perfons  from  dealing  with  (laves  not  hiving  tickets  from  tiieir  mailers,  miftreffes  or  overfeer,  to 
remove  all  hud  ces,  to  ereft  a  fire  company,  to  prevent  fires-  being  made  on  the  wharves,  and  in  the  lireets  more 
efpecislfy  in  ftonny  weather  and  \a  the  nighi  t.me,  and  to  oblige  the  inhabitants  to  keep  a  lufficient  number  of  «  atsr 
buckets  in  their  houfes  whh-their  names  thereon  to  be  read/  in  tales  o(  fire,  to  regulate  the  markets  and  to  inforce 
their  orders  and  regulation  by  laying  fines  and  im-pofing  penalties  on  all  perlons  r,efufing.or  negltfting  to  comply 
therewith,  to  be  recovered  before  any  jurisdiction  having  cognizanre  thereof ,:  Provided  always,  that  if  the  offender 
be  a  (lave,  then  and  in  that  cafe,  fuch  Have  flia'.I  be  adjudged  to  be  whipped  by  a  coniiab!e  or  other  officer  of  the  (aid 
to.vn  at  the  aiferetiob  of  the  commiffioners,  unlets  the  matter  or  miltrefs  of  the  offending  (lave  (hall  pay  the  fine  :  And 
provided  aljo,  that  it  (hall  and  may  be  lawful  tor  any  perlon  who  fha!l  think- himfelf  aggrieved  by  the  judgment  of  the 
commiflioners  to  appeal  from  fuch  judgment  to  che  court  of  A' .nu  Hanover  caaOty ,  fii  ft  giving  leturity  to  prolecutc  the 
appeal,  whicii  (aid  court  is  hereby  empowered  to  determine,  the  fame  by  a  lawful  jury. 

X.  And  be  it further  enabled,  by  the  authority  afore/aid,  that  the, commiffioners  for  the  time  being  (hall  call  all  psr- 
fons  to  account  (or  any  monies  whic.l  may  b;  in  their  hands  belonging  to  the  faid  town,  and  to  ifi'ue  warrants  for  all 
fume  which  may  appear  to  be  due  ;  and  that  all  fuma  of  money  mentioned  in  the  aforelaid  aft  palled  in  the  year  one 
thoufand  feven  hundred  and  fifty  (U  is  hereby  declaredio  be  of  the  fame  value  as  the  piefent  circulating  money  of  the 
ftate.     />.  23.   ■ 

XL  And  whereas  there  are  not  at  prefent  any  afting  commiflioners  in  the  faid  town,  be  it  therefore  enaeled,  by  the 
authority  qforefaid,  that  the  (heriffot  New-Hanover  county  fliall  immediately  after  the  firfl  d  7  of  July  next,  warn  all 
the  male  inhabitants  of  the  faid  town  to  meet  at  fome  convenient  place  therein,  on  the  third  Monday  in  the  (aid  month 
to  choote  commiffioners  for  the  remainder  of  the  prefent  year  ;  and  the  (aid  Iherift  (hall  on  the  (aid  third  Monday  in 
July  hold  the  election  for  commiffioners  of  the  (aid  town  by  ballot,  and  in  the  fame  manner  as  for  a  member  of  the 
General  Affembly  ;  and  all  the  inhabitants  of  the  town  who  lhall  on  the  faid  day  be  qualified  to  vote  for  a  member  to 
reprefent  the  faid  town  in  the  General  Affembly,  fliall  be  entitled  to  vote  for  commiliioners. 

XII.  And  in  older  that  a  fucceffion  of  commiffioners  maybe  kept  up,  belt  enabled,  by  the  authority  aftr ef "aid,  that 
the  commiffioners  for  the  time  being  fliall  on  the  twentieth  day  of  December  next,  and  fo  on  the  twentieth  day  in  De- 
cember in  every  year  afterwards,  caute  the  town  clerk  to  warn  the  inhabitants  of  the  faid  town  to  attend  at  thecourt- 
houle,  or  other  co.iver.ie.it  place  thereon,  on  the  firfl:  Monday  in  January  following,  to  deft  live  comraifficners  for 
the  then  current  year;  and  the  election  lhall  be  held  by  the  town  clerk  in  pretence  of  the  old  commiffioners  in  manner 
as  before  directed  ;  and  the  power  ot  the  old  commiliioners  (hall  not  ceal'e  until  a  fufficient  number  of  the  new  chofen 
commiffioners  mail  accept  the  appointment  and  be  qualified  according  to  law  ;  and  in  cafe  of  death,  refufal  to  act,  or 
removal  of  any  of  the  laid  commiliioners,.  another  or  others  lhall  be  elected  in  like  manner  in  his  op  their  itead,  eight 
days  previous  notice  being)  firfl  given  of  the  time  and  place  of  the  intended  elecYon.  > 

XI II.  And  be  it  further  enabled,  by  the  autheriy  aforefaid,  that  in  all  acts  of  the  laid  commiflioners  a  majority  of  them 
lhall  conltitute  a  quorum  ior  the  parpofes  intended  by  this  aft  ;  and  that  the  commiffioners  to  be  chofen  trom  time  to 
time  by  vir-ue  hereof,  lhall  have  all  the  powers,  authorities,  and  pre-eminences  with  thole  to  be  ch'olen  in  the  firtt  in- 
ftance  ;  and  the  commifiiouers  to  be  cho'en  in  the  month  of  July  next  fliall  impede  the  tax  on  the  inhabitants  of  the 
faid  town  tor  the  prefent  year,  that  the  fame  may  be  collected  and  applied  without  loft  of  time  for  the  benefit  thereof. 


Cm  a  p.  L.  An  adl  to-regulate  the  town  of  Hillib.orough  and  to  repeal  all  laws  now  in  force  which  come  within  the  purvieia 

hereof. 
I.  VTyEEFlEAS  the  laws  now  in  force  for  the  regulation  of  the  town  of  Hillftorougb  are   found  inadequate  to  the 
V  V    purpoles,  for  which  they  were  intended. 

II.  Be  it  therefore  enacled,  by  the  General  Affembly  of  the  State  of  North-Carolina,  and  it  is  hereby  (nailed  by  the  air. 
thorityofthefame,  that.  William  Hooper,  Janes  Hogg,  John  Taylor,  Archibald  ly tie,  John  Eftes,  William  Courtney, 
James  U'itliams,  and  John  Nichtlsbe,  and  they  are  hereby  appointed  commiflioners  lor  the  town  cf  Hillfhohaugh,  and 
lhall  have  full  power  and  authority  to  aft  and  do  every  thing  thatany  former  ccromiiiioners  forfaid  town  lawfully  migfit 
do  or  have  done,  and  lhall  keep  the  ltreets  in  good  repair  and  order,  and  fliall  have  power  and  authority  to  appoint 
anoverfeer  or  overleers  of  the  ltreets,  and  ffiall  have  full  power  to  Caramons  the  inhabitants  of  the  kid  town  to'  work 
upon  the  ftreers ;  and  in  cafe  of  the  failure  or  refulal  of  any  inhabitants  fo  fummoned  to  work  upon  the  ltreets,  or  to 
procure  a  fufficient  lubftitute  to  perform  fuch  work,  fuch  inhabitants  fo  failing  fliall  forfeit  and  pay  ten  .'hillings  for 
each  and  every  day's  negleft  or  refufal,  to  be  recovered  in  a  luminary  way  by  complaint  made  to  one  or  more  of  the 
■aforefaid  commiffiuners,  luch.  has  Qr  forfeiture  to  be  paid  into  the  hands  of  the    chairman  of  the  (aid  commiliioners,  to 

L  2 


>34 

k  applied  'o  tri«  tt!e  of  xhi  toWMin  foch  tr.annW  as  the  eoiBtaiflioners  mall  dircft  :  PfJ»;<rW ekvr-ys,  thar  to  f-erfor. 
-!<  ii]  in  t!  e  i  m  ra  of  the  laid  ic*n,  prthi  privlk-dges  thereof,  fhiill  :  n.j  iled  to  v  o  k  mcie  ih n  ten  days  in  adv- 
ene year  ;  and  in  c*i'e  of  the  death,  removal,  neglect/'' oi  rrfrifarto  acl'of  any  of'th'e  ,aii  CfcOiimifioneiS,  it  nwy  be 
lawful  for  the  freeholders  of  trefaid  town  10  atfivi.ble  3rd  eke1!  ar-otter  6r  oil  tis  ;  and  lie  cr  they  to  elected  ihalt 
ki\e  the  tame'power  aha  authority  as  rftofe'i  ominatcd  and  appointed  by  this  ad. 

III.  A;)-.!  -w  us  neas  it  '<  a<  been  found  incoweftii  hi  to  collect  and  enlace  the  attendance  of' the  commifTiorers  when 
the  exigencies  cf.ihe  town  reqmred  it,  Be  if  therefore  tr.ci-ed  -'  \  the  tiutk&Hy  eJcre/eiH,  that  .1  ar.y  tunim  tiuwer  Hull 
(after  ncticeor  fun  trcr.s  fublcr  bed  by  three  ofti.e  cbmmiffipners,  and  ccuhteifigi  ed  bv  il  e'r  clerk,  JlcIv  notice  oi* 
li  mnions  to  contain  the  rinse  and  placed  meeting,  and  to  be  ferred  twelve  heurs  it  leait  previous  to  fucb  n,eet  ng) 
fair  to  give  hit  attendance,  he  Hull  lortcit  and  pay  ten  (hillings,  unlets  prevented  by  ficknels,  or  inch  oiher  ouic  aa 
fiiall  be  lath  factory  to  a  board  ot  coriirhifliotrers,  which  (hall  not  ccnfift  ot  lets  than  a  rriajority  of  the  whole  i.umbei  ; 
luch  fine  or  furfeiturs  to  be  recovered  arid  applied  as  fines  herctch.-re  i&entioned, 

IV.  And  be  it  further  enailed,  by  the  authority  aj'oie/aiaf  that  the  fa  d  conuniiTioners  (hall  meet  en  the  fecorrd  Mon-* 
d.iy  in  July,  Oflob:r,  'January  and  Af  ii,  and  of  tener  if  circumfranGets  fliall  render 'it  neceflary,  and  at  their  fiitt  meet- 
pig  elect  a  chairman,  who  Hull  be  the  treafurer  to  the  laid  con  mtrlioners,  and  pre  fide  and  vote  at  ttteir  meetings ;  arw 
thf)  (hall  alio  tied  a  clerk  or  regifter,  who  fliall  keep  all  plots,  plans,  deeds,  grants,  record*,  ard  regi iters,  and 
ail  other  public  papers  relative  to  the  laid  town,  and  of  all  proceedings  heretofore  had,  and  which  may  be  hatl  before 
the  commjflioners  o!  the  {aid  town  ';   the  laid  chairman  and  clerk  to  be   thofen  out  ot  the    connniliioners  aiojefcsid- 

V.  And be  it  further  cnacled,  by  thj  authority  t*f«re,'aid,  tnat  the  couimifJioners  at  their  lint  meeting  fliall  pals  an  or- 
der cr  ordinance  directing  to  what  manner  the  llreets  of  the  laid  town  ^\or  the  cbnveniers  :e  ot  inhabitants  and  other*) 
(hall  be  paved  and  otherwile  improved,  -.  br  ordinance  the  inhabitants  of  the  (»id  town  liui!  ut-  bound  to 
obey  and  carry  into'Cxeeution  within  twelve  tntm'hs  after  paiTrrig  the  lame,  under  the' penalty  ot  ion  pounds  or  eve- 
ry months  failure  or  neglect  by  ar.y  ehe  ol  the  fed  inhabitants  after  the  expiration  of  the  iai.i  twelve  months  to  be 
recovered  in  manner  before  directed  as  to  other  tines  and  applied  one  half  to  the  ufe  oi  the  informer,,  use-other  naif 
to  the  ufe  of   he  tov  n  a"s  th  •  laid  comrhiuldn'<  rs  (hall  direct* 

VI.  /ind.be  it jurther  enitStd,  by  the  atrt  .  that  none  of  the  irhabirams  of  the  faid  to  «  n  (hall  on  any 
pretence  whatsoever  ftrffer  any  oi  their  fwine,  or  ge<  ;o  run  or  be  at  larg  i  n  the  boui  els  of  the  laid 
town  of  HUtfboreugp  ;  and  every  fwine,  goofe -ot- geefe,  go^t  or  yr.ar-,  rUhniiigat^largein  tire  la.a  town,  thai]  be 
forl'eitrd  loa  y  f.erlon  who  (hall  fei'.e  cr  k  H  the  Ijin^,   t<i      !                                         long. 

VII.  And  be  it  further  tnaSed,  b)  the  awhzi  .•/•,  ,  /  -  ■■■■■  id '.  that  the  comrnifiioiicTi  be,  arid  they  are  hereby  iropovy 
ered  to  contract  with  forre  p»r(on  to  int  i  .  es  tiuiem  co^ipreheiided, 
afid'to  impofe  a  tax  nojte-xceeding;<woihiiling8^Wpoll  uporl  evM  ..''.,-  tax.;  ible  .■  ■■'■■■  .•■,..  -  i  d  til? 
privileges  thereof,  and  Upoii'fiVery'-black  male  tir  female  the- property  o'fthe'inha'bitants  of  the  faid  to  red 
continue  for  the  term  o;  t  vo  years,  to  be  collected  by  a  conitable  or  other  p<  rTon's  i\  poi'.te-d  by  the  (aid  cotymdTiaat 
which  conltable  ip  cale  of  neglect  or  relafal is  hereb-  od  r  <  n  t  r  the  fame;  winch  tax  tied 
Jhall  be  paid  into  t!  e  hands  of  the  treasurer  or  chairman  t>i  the  faid  cnmml'Hcirter.s,  and  applied  to.vards  tut  decently 
inclbfirig  the  fnd  buna]  yard,  the  lurphiE  Bhereof,  tl  any  there  be,  to  hi  applied  to  :he  ule  oi  the  inhabitants  ot  ths 
town,  for  the  furt]                  ioa  and  improvement  thereof. 

Vill.   ."';ui  be  it  jurther  enaelid,  by  the  authority  tifore/uid,  that  alll3\vBsr\l  claufes  of  laws -coming  within  -thfi   pur- 
i>ie\\  iicreoi'are  hfreby  declared  to  us  void. 

Chap.  LI.  An  ad  to  amend  an  a3,  intilled,  r.n  act  for  purchafng  a  lot  or  lots  "n  the  tosvn  of  W"tlmitii>l9n}  for  the  pur- 
pole  ot  building  a  jail  tor  the  d.ftnttoi  Wilrmrigtm-aaA  other  purpoiies,  and  i\»-  repairing  the  court- lioufe  ol  die  fait.' 
diftricl.     p.  iii. 

J.  T  7f  /WEKEaS  the  trufTee<;  named  in  rn  aft,  intituled,  enc.3f.-r  pur.  l.-efiqg  a  lot  trloti  in  the  town  ofV/iiminjrton, 
\v  j'crtbe  f:.rpofefj  b:/^-^'-.^  a  j^i!  Jor  lie  di/.r/H  bf  W  i\\]L.iinon,    a  u!   aht>    pirlo/es.     jailed  at   Hiilfbot  uugh  ia 

Nay  one  thoulanei  lev  en  hundred  and  eighty  three,  havs  net  yet  been  able  to  porchafe  a  coi.veniein  lot  ol  ground  on 

v.  hii  h  to  erect  a  prilbn  for  the  laid  diflrict, 

II.  Be  it  thir./cre  enacted,  ty>  the  GentrM:Aifi«i)if- bf  the  State o/^Ntirtli  Carolina,  aid  it  is  hereby  enaBcd,  by  the 
tiuthoritybf  thefome,  ihat  the  laid  trultees  lhall  not  pur  chafe  let;  than  hai*  an  acre  of  ground  for  the  purpole  aforefaid, 
tr  at  there  may  be  fxfScient  room  lor  a  yard  tor  the  ule  fi  the  y\  i fewer s  and  a  garden  tor  the  jotler,  and  ground  on 
vlnth  to  '.red  a  v,  oi  k-houle  at  a  future  day  ;  and  that  fuch  lot  or  \o.t-  bcpurchaied  in  inch  par;  tf  the  laid  town 
v  !  •- 1  e  i;  m  iy  be  coc\  enient  io  v  fir  the  faid  pi  ifotj,  but  at  the  (ajne  tune  I'o  re:i;ovtd  from  the  principal  part  thereof  as 
ti..    cidgivi  -     '     h'gh-Pi  ce?  which  lots  generally  bear  therein. 

III.  Ai  -    'lied  lirct  CQurt-hciufe  in  the  'aid  to-*  n  war.  during  the  War  firipped  of"  the  flooring  and  the  win- 

I  vheJanu'  isctherwjlegrftatty  injuied  j  ancl  trhtrf'a  permanent. priion  can  be  conttructed  it 
beet  fail,  not  only  for  the  pjipo'es  .-.  common  offenders   and 

debtor  ,  bi-'-  for.^rt  ffrainmg-  riotous  feamen  a::ti  (laves  ;  ana  tin  ;  axes  h'ereifof  6  eim.pq(ed  not  being  lufiicu  n   toanfver 
all   licit  md  the  purpolcs-incer.ilid  by  this  and  thebei'oi'ehcittfd  acl,    be  it  there fui  e  .nacld, 

by    the  author it)  ,  :-.  U  r  the  piclrnt  \  eai  ol  cue  liiilimg  a»nd  fotifpeilie   pei  pol  ,  aiitl   Io   in  proportion 

.  .    .   n  the  county '"of  New  Hurnvbr,  and  atax  oi' J&s' jtuce  ^er  po.l,  andfoin  proponipn 


forhfinsuriorU.he  inhabitants  in  Jtbe  counties  of  Onflow,  Duplin,  Bladen,  Qrunputhk,  F.-:yettt>t  S*mpfon,%\<<l  Mmrei 
Mid  the  faid  t  xes  fha'l  be  affeflVd  and  co  leded  in  the  fa  ne  nam  e  as  pub'ic  ra-cs,  and  fhall  be  paid  into  'be  hands 
f»id  nufiee  ,  pr  to  he  order  of  ±  m  [ority  of  them  ;  and  the  faid  tax  thai'  coi-.ti  ue  to  b«  all'  fled  ^ncl  collect  - 
ed  for  the  two  next  fucceiTwe  years .—uncle:  irje  pains  and  penalti  stor  non  pa  men*  as  may  be  had  ai  d  ufed  for  tlie 
no:i  payment  of  rub  ic  tax  s  ;  ar  I  the  faid  tru..ves  iba.l  and  may  have  and  ufe  tlie  !ame  mode  of  recovery  against 
the  colled. 'ts  of  the  f.iid  taxes,  as  agfa  rift  the  col  cctors  ot  public  t.iie:.. 

IV.  And  for  the  be  ter  fecuring  rl:e  faid  taxe<  w|  en  coilecte  ,  and  the  moniis  already  collected,  or  heretofore  im- 
pefed  by  r.nueof  any  fanner  act  of  'he  G-  neral  AffcrnbJy,  be  it further  ena&td,  by  the  authority laforefaid,  that,  the 
f.iid  trultees,  or  a  majority  of  th  ro,  lha!l  appo  nt  a  tr<  a'fiirer  to  receive  the  iame,  v\ho  fliall  enter  into  bond  with 
fulbcirn.  fecuri.ies,  in  the  penalty  of  one  th  ufarsd  pounds,,  payable  to  the  faid  cruftees,  conditioned  that  he  will, 
when  thereto  required,  pay  to  the  order  ov  orders  of  ihe  faid  ti  uftces  all  fuch  fum  or  fums  of  money  as  he  fnall  re- 
CMTe  by  virtue  of  this  act,  firft  d  dueling  thereout  at  rhe  r  ate  of  two  and    ?.  half  per  centum.,  for   his  trouble  in   re- 

g  the  fame,  which  bond  Qi.il  I  be  lodged  with  the  clerk  of  the  fuperiar  court  of  Wilmington  dilircE, 
Hid  may  and  (hail  be  put  in  fuir  for  a  rr.ich  of  the  condition  thereof  ;  and  in  ale  of  fuch  fuit  the  tieafurer  (hill  not 
be  ent  tied  to  any  comm'ffions  f  r  receiving  and  paving  the  niome,  impofed  by  this  or  any  other  act,  but  judgment 
■iliti'.l  be  given  agiinithim  for  the  whole  of  the  laid  monies  wnich  fliall  be  paid  to  him,  without  any  deductions  wlut« 
«*ei . 

V.  And  he  it  further  enafled,  hy.tbe atttborityytfurefaid,  tint  the  laid  truffoes  fhall  take  a  d  ed  or  deeds  for  the 
grounds  which  they  may  p'axehaffi  f-  r  the  purpo/es  of  a  diftrkl  jail  toAt»«mf»lve«  in  trult,  for  the  ufe  and  ufes  of 
the  fad  diftiicc.  ;  and  (hall  a:;  foon  as  the  ame  can  conv.-nien  ly  be  effected,  erect  thereon  ago.d  and  fufficient  tem- 
poral-•.  jail,  ol  fuch  materials'  an;!  dimenGons  as  thoy  thill  mini;  neeeflary  ;  which  jail  whet}  fo  erected  (full  be  held 
and  tak«n  to  be  (he  jail  of  the  foid  dill-tot,  until  ano  her  tr.cre  convenient  can  be  built  ;  and  the  fai  i  traltees  fliall 
out  of  the  monies  alread-y  collected  t>  oceed  nrkhout  de  i  to  the  repair  of  the  court-houte  in  the  laid  town,  fo  aa 
to  render  the  I  he  pnbl  c  buunef  as  fpeedi.'y  as  poffibJe.  .... 


Chap.  LIIT.    /ht  aSfJ/br-  appointing  conptoifjtoitersi  far  Jelling  the  grattanies  {nthe  counties  of  Franklin   apd  Warren,  end 
•for rep  ttituled,  An. act ifor  appointing  comraillknrs  for  felling  the  lot  number  forty  four  in   Wgr~ 

r-'.tin,  whereon  the  public  sr-.r.ary  now  uai.ds,   and  tor  other  purpoles,  and  for  aiteung   the   times    of   holding 
courts  in  the  county  of  C  (well. 

HE  HE  *S  the  conhtma  ion  of  peace  with  the  United  States,  of  America  and  Great-Bntuin  ha3  rendered  the  s° 
V*     fore  (aid  granaries  ulelefs. 
II.   B   i!  t'l.erij'ire  enacted,  b\  !'.<•  (n^rr.u  AJ.  .*.  :/■/'"  .r-j  t're  Sti.tc  0/ North- Carolina,   end  it  is  hcrtbv  ena&edhy   the  etu- 
i's-  '■-_:  5/ the  Come,  rhat  James  Lit  ,'.1 .   W?H  ,:»>  Hill  and  Pate/w,  11  \}ilier,  oramajotitv   of  them,     be    and    they  are 
hereby  appointed  comrr.iffionersfor  felhnr;  the  granary  in  thecoun:y  of  Franklin;    and  that  Jnhn  Macon,    Bcrhi-i'a 
ine,  Efqulres,  or  a  maj.  rity  of  them,  be  and  they  are  hereby    appointed  cemmiffionsrj   for 
the  g;anary  in  the  c<  unty  oiU'arren. 
\ '.  1 .    At  d  be  it  tw  th  r  tnacled,  in1  th  authority  afore/hid,  that  the  aboye  faid  granaries  fhall  be  fold  by  their  refocs- 
tive  conimiffioners  fcparateir  to  the  hi.- 1  eft  odder,  the  purchaftrs  giving  bond  and  fecuritv-    to    faid  commiffioners, 
payable  twelve  m  nths  after  the  d^y  or  fate,  with  interelt  from  the  date,  and  the  money  arifing  from  fuch  file  to  be 
■eeduitted  tor  by  th?  faid  cbmmiffioners,  and  applied  as  other  coun  y  monies- 

IV.    Andbeii'fitf ■'.   I     the  at     otUy-Ofartfata,  that  all  and  t  very  part  of  an  a£t,  intituled-,    an  arl  far  feU 

1   t     hf  number  ferty  fiur  in  Warr^nton,  whereon  the  public  granary  nw)JtAndj}  end  btberpurpojes,  be,  and  tits  fame 
is  hereby  repealed  and  made  utterly  vo.d. 
The  Lift  Hetf ion  Cb/oLte. 


Chap.  LIV.  hnafl  to  author i/e.andirt>pewer  Ifasc  Gregory,  Elquire,  fortKcrlv J7 eriJfefPsi'quorark,  Wm  Pafquetank 
sjnai  ambden  counties,  to  colleii  the  arrears  of taxes?  due  him  from  the  inhabitants  of:  I  aid  counties,  for  ihe  fears  she 
tkoufandfeven  hundred 'end  (ixty'tttye,  eretioi-./ttudfcven  hundred  indfeveMy,  one  fboii/afidfeven  hundred  and  (evetiiy- 
r--,   one  thoufani fiven  lun,ind  And ftvt-r>;y- t-vo.  and  0*?  thoifttTtdfeven  hundred  <wd  feveni\  four. 

"HER.EAS  it  is  reprei'ented  to  this  C  ;n<  ral  £  iTernbly  that  in  confequet-ce  of  'he  diffh  ul.ie-  ?nd  ccnfullcn  in- 
troduced by  the  commencement  of  t.,e  late  war,  large  arrears  of  taxes,  reniaii  s  ft  ill  due  to  Ijttdc  Gregory  t 
flieriffof  P uf.quotank ,  no.w Pajeuofank  and  < atr.i-c.tn  counties. 

lb  Btii  tbeiefore  .nail  d  t\  th\e  General  A ffhmbly  efthi  State,  r/.ftjqrth  Carolina,  and  it  is  berth  eni-cltdh\  t'e  autht- 
rity  of  lie  lit)  e,  that  from  and  after  tl  e  p;  ffisjg  of.  this  act  it  mail  and  may  be  lawful  for  i/\i,.e  Gregory,  E  quire,  of 
Cambden  c<  ui  t-,  or  for  any  otlur  peff  n  or  perlbns,  by  1  irn  nuthcrifed  and  impowered  10  receive  and  collect  fieni 
all  perfons  luc;  arrears  as  v  ay  he  ere  h:m  for  taxes,  payable  by  the  then  inhabitarts  of  Ra/quoti  nk  c<  urt-  ,  in  the 
years  one  .loufand  lever  huncred  and  fix  y  nine,  one  everi  hundred  zi .d    levuvy,    cv.e    thovfar.d    fever* 

hundred  and  fe\fPt\.ne.   one    hcufand  feven  hundred  and  feventy  two,  r.ml  one    h    u'antl    even  huhdnd  and  ftveii- 
^  four,  siitci  the;  auuti«r  aud  cufi.oin  by  v^inch  Uj,td  we;c  tlicu  by  law  cvLvticd  ;t^U  coltttioii  to  Oe  made  a^res^ 


lo  6 

*Weioth?  ru'eaami  lifts  ofthofs  yeats  refrrsSri  e!    ;  Pnv'h  ,     iff  ::ny  perfonon  whom   n  demand  for 

fu:h  arrears  of  taxes  miy  be  made  flvij! p.o-iuce  a  recjipt  01  receipts  of  his  having  paid  the  lane,  or  in  cafe  of  the 
lols  of  fuch  receipts,  fliali  within  ten  d  i)  s  after  the  demand  i-.injJ1,  make  oath  befcre.a  Ju'itice  of  the  Peace  of  h's 
having  paid  the  fame,  or  that  he  was  not  at  the  time  for  which  t  .e  arrears  of  the  uxm  may  be  demanded  liable  to 
pay  taxes  in  fuch  counfy  ;  on  obtaining  a  certlScatfi  f:om  the  Juitic;  of  the  Peace  of  r.is  having  fo  don?,  fuch  per- 
ion  fhall  be  exonerated  and  di.'charged  from  fuch  demand. 

111.  And  be  it  further- enacled,  Ay  the  authority  afore/aid,  that  the  faid  Ifaac  Gregory,  ortheperfos  or  perfons  for 
that  purpof- by  him  authorifed  and  impowered,  {hall  give  at  leaft  o.ie  mo  y.hs  notice  by  advertising  the  fame  at  the 
molt  pu  lie  places  within  each  of  the  counties  of  Pafq'uptanh  and  Cambieri,  of  the  t  ines  and  places  w  en  and  where 
he  or  the/  will  at  ten  1  in  order  to  receive  fuch  arrears  of  taxes  ;  and  all  perfons  paying-or  ten  a"  rinj  tne  fame  within 
the  time  limitted,  fit  ill  not  be  liable  to  either  caffs  or  charges;  but  in  cate  of  failur;  it  fhil!  and  may  be  lavt'fu!  for 
the  faid  Ifaac  Gregory,  on  the  perfon  cr  perfems  by  him  authorifed  and  impowered  as  -uerefail,  to  make  diilrefs  for 
the  fame  in  like  manner  as  was  by  law  prefcribed  for  fheriffsto  diitrain  for  taxes. in  thole  times,  for  which  fuch  ar- 
rears are  due  and  payable. 


Chap.  LV.  An  aft  ti  duthorije  Richmond  Pearfon  to  collet!  the  fpecific  tax  which  remains  due  from  the  inhabitants  of  the 
county  of  Rowan  for  the  year feventeen  hundred  a  id  eighty  on?  ;  and  a!/li  the  conn'.jfiv.ers  of  Franklin  county  to  colled 
the  arrears  of  taxes  of  faid  county  for  the  years  I ever.leen  hundred  and  eighty,  feventen  hundred  and  eighty  one ,  andje- 
venieen  hundred  aud. eighty  two. 

I.  ^ 7f  7HEREAS  the  fpecific  tax  for  the  county  of  Roixixn  fot  the  year  feventeen  hundred  and  eighty  one,  haih  not 
VV    been    fully  co'lected  by  reafon  of  the  refignation  of  the  comity  cbmmiffioaer    for  that  year  ;   and   whereas 

fome  doubts  have  arifen  as  to  the  legality  of  the  appointment  of  the  com  niffioner  of  fpecific  taxes  of  faid  county,  for 

the  year  feventeen  hundred  and  eighty-two,  and  as.  to  his  pov/er3  of  collecting  the  arrearages  of  faid  taxes  for  the  year 

ieventeen  hundred  and  eighty  one. 

II.  Be  it  there/ore  enacled,  by  the  General  Affembly  of  the  Rate  of  North-Carolina,  and  it  is  hereby  mailed,  by  the  du* 
thority  of  the  fame,  that  Richmond  Pearfon  be,  and  he  is  hereby  auhorifed  and  appointed  to  collect,  the  value  of  the 
faid  fpsci  fie  tax  in  money  which  remains  due  from  the  inhab  tant;  of  the  faid  county  for  the  year  feventeen  hundred 
and  eigh.y,one,  according  to  the  rates  affixed  by-the  lafl  fpecific  tax  hw,  and  that  hi  collect,  the  faid  tax,  and  ac- 
count lor  the  fame  under  the  fame  directions  and -penalties  which  fheriffs  and  collectors  are  by  law  bound  and  liable. 

III.  Aid  be  it  further  cnaiied,  by  the  authority  aforefaid,  that  the  commiffioners  for  receiving  the  fpecific  lax  in  tb« 
county  of  Franklin,  is  hereby  authorifed  and  impowered  to  collect  the  arrearages  of  laid  taxes  for  the  years  feventeen 
hundred  and  eighy,  feventeen  hundred  and  eighty-one,  and  leventeenhundred  and  eighty  two,  agteeabie  to  the 
lafl  fpecific  tax-law  ;  any  iiw  to  the  contrary  notwithft  indtng.  ,. 

■  "  ■    .      *'   ',        1  HI.  1  I     '  '        .  i  L  ill  i 

Chap.  LVI.  An  ad  to  impower  Arthur  Brown,  Efquire,  lateflieriff  of Bertie  rwr/y  to  colled  the  arrears  of  taxes  due 
for  the  faid  county  in  the  year  one  thoufani  feven  hundred  -and j  evenly- four  ,  and  one thou/ 'ant  j 'even  hundred  and  j'evevty 
five. 

I.  V  TT  7HEREAS  through  the  unavoidable  confufion  of  the  times  great  defkiesoies  ar?  hketo  arife  in  the  collection 
V  V    of  the    tax-.s  for   the  county  of  Bertie,  for  the  years  on  thoufmd  feven  hundred  and  fevmty  four,  an  J  one 

thoufand  feven  hundred  and  feveniy  five,  whereby  Arthur  Brown  late  flieriff  of  faid. county  will  become  liabie  to   the 

payment  of  large  fums  of  monity  to  the  public, 

II.  Be  it  therefore  entile /,  by  the  General  Affembly  of  fe  State  of  Nortli-Cariili.ia,  asiiit  is  hereby  ena  led,  by  the 
authoi  ily  of  the  fame,  that  from  and  after  the  palling  of  this  act,  Arthur  Brown,  late  fherifTpf  Bertie  county,  or  fome 
perlon  for  that  pyrpofe  authorifed  and  impowtred  by  him,  fhall  have  full  power  and  authority  to  receive  and  col- 
'ect  the  arrears  of  taxes  due  for  the  fail  CJ»nty  of  Bertie,  for  the  year  of  one  thoufand  (even  {hundred  and  feventy 
fojr,  and  for  the.  year  one  thoufand  feven  hundred  and  feventy  five,  in  the  fame  manner  and  fown  as  taxes  were 
then  by  law  collected.. 

III.  And  be  it  further  enabled,  by  the  authoi ily  aforefaid:  that  the  faid  A  thur  Brown  or  fuch  perfon  as  he  fliall  for 
thit  purpofe  impower,  do  collect  and  receive  luch  arrears  of  taxes  according  to  the  lilt  and  rates  of  <ach  ct  the  faid 
;  ears  lelpectiveiy  appointed  ;  Provided  nro  rthelefs,  that  if  any  perfon  again!!  whom  a.y  dem  md  of  fuch  arrears  of 
*axes  fliall  be  made  fliall  produce  a, receipt  or  receipt  pi  his  hiving  paid  the  fame,  or  in  caie  of  the  lofs  or  miflaying 
iach  receipt  or  receipts,  fliall  make  oath  before  any  Juftice  of  the  Peace  within  ten  days  alter  fuch  demand  made,  of 
his  having  paid  and  difc barged  the  fame,  or  part  thereof,  or  that  he  was  not  at  that  time  a  taxable  in  the  faid  coun- 
ty,  and  obtain  a  certificate  of  the  fame  from  faid  Juftice,  fuch  perfon  fhall  be  exonerated  and  difcharged  from  fuch 
demand,  either  in  part  of  the  whole  as  the  cafe  may  be. 

IV.  And  be  it  further  enaded,  by  the  authority  aforefaid,  that  the  faid  Arthur  Brown,  or  the  perfons  by  him  for  that 
purpofe  anthorifed  and  impowered,  fhall  give  one  month's  notice  by  public  advertifing  the  lame  at  the  court  houfe 
Of  kid  county,  and  all  other  public  places  within  the  fame,  of  the  time  and  plac;  he,  or  fuch  perfon  as  he  fliall  f  or 
«%atjiurpoft  autiiorife  and  Hiipower,  will-  attend  to  receive  fuch  arrears  of  taxes  j  and  ail  perloas  paying-  the  Lwx  qi> 


arutvorc  the  tim;  appointed  by  fgch  •.!.-■  *;c: -  >h .  1!  not  be  HaMs  to  pay  an}'  cad  or  charges  ;  snJ  if  any  prrfbn  or  per- 
ionsihid  Ul  ;opiy  m.o  ;n\'jrs  o  t  iwes  agj  eea  ).c  ro  this  ad,  ir  /hall  and  may  be  lawful  for  the  (aid  Arthur  Brown,  pp 
fuch  pe  1T011  as  h.j.lh'..l  y.i  -horile  and  i::i:io.vcr,  to  meke  drftcefs  for  the  lam?,  in  the  fame  nn,iieras  v.as  at  tne  time 
the  j  id  ta\.s  bjco.n^  due,  ny  law  appointed  for  ihcnds  to  distrain  hi  other  c.ifes  of  the  like  nature. 

Chap.   LVII.  Ail adijo  iTtfcwer  Edward  Window  to  receive  ftor  dee  of  tobacco  YrifPfRed and dtppfited "in  the  warehou/e 

hy  him  built  at  Fayette  ville,  by  ptrmiffiok  iff  he  court  of  Cumberland. 
I.  J~yY,  it  e  neGUd,i/y  the  Ge'njfql  Afemll.  pfjbt  ft  ::t  -/\\orta-C-iro;>r,.\  aiidfit  is  "hereby  enaeled  fry  the  authority  of 
JO  the  /am',  that  Jt,,maJl  and  may  be  lawhil  for  EJviai rd  lilriflh  -.  I  is  heirs  and  alliens,  ior  the  term  of  fitteen 
years  from  the  pa.'ii  ;;;of  this  ad,  to  take  and  recei.-c  3  (toraj'.c  en  tobac.o  iiifpe'&ecf  and  dc-puihed  in  the  faid  ware- 
houfe,  at  the  foilo.vi-g  r.ur  ■;,  that  js  .to  (ay  :  foar  ihiili;?  5  -.'-or  .;-;:  ch  hpglhead  of  tobacco  inTpeclx'd  iu  the  faid  ware- 
houfe,  Provl.it!,  it  does  no:  Say  in  the  (aid  ware-hpufe  tnyre  than  twelve  rrionthr,  ;.i:d  one  fliiJling/'er  moiifh  fcr  each 
hogihe?/!  that  II'  1'!  continue  in  the  (aid  v.  areboulc  ever  a*nd  above  twelve  months,  to  be  paid  by  theperfon  taking 
out  or  removing  fuch  tonaccp  from  the-  ware  hoale  :  And provided,  the  laid  Winfloyi  does  and  lliall  keep  the  (aid  ware- 
houie  in  good  and  lutuc.r.i:  repair  for  the  mTpe'c'tion  a::d  ilorage  of  tobacco.    . 

Chap.  L  VIII.   An  acl  fc-  the  relief  offir.dry  petitioners  inhebitaiifs  of  Davidlbn  county  whrfe  names,  are  therein  mention-- 


Jli 

Gib/In,  Francis  A'mftrong,  John  Kennedy,  junior*  Mark  Robert [m,  WMemEllir,  JdmesTlrompfon,  Jemies  Shaii)  James 
Ffan&in,  Henry  Hr.u  'fb.ijt,  Pierce  Caftilh,  Morris  Sheatt,  William  Ldgan,  David  Flood,  John  li'kite,  Peter  Leoney, 
William  C 'dims,  Jonas  Maniffee,  Daniel  tVittiatns,  Jihn  Evans,  Andrew  Thompfov,  Gafper  Martfeo,  George  Freeland, 
Daniel  JohiJion,  Edwird  Sw  infra,  Andrew  Kelhw,  Francis  Hodge,  Jchn  Mulkefini,  Ja7v.es  FretKnd,  Join  Tucker, 
James  FoHer,  Amis  Heatvt,  Dennis  Ccr.Jry,  Frederick  Stirvp,  Ru'fel  Cover,  Andrew  Erfin,  Thomas  Ret:-,  I. 
fa'acLnidfey,  MoJes, '  Winters,  James  Harris,  John  Brown,  Leivis  Crane,  Join  Mo-itgcnze-y,  Stephen  Ray,  Daniel  Hrgar, 
Thr-iM  Spencer,  Humphrey  Hogan,  Haydon  IVclis,  Henry  Ramfev,  John  Barrow,  johnThr.nas,  IViliiari  Stewart,  SaU 
mueliVaKcr,  David  Rounfev'a  11,  Arthur  M'  A 'Joe,-  James  AfAdoe,  Hcn'-y  Turney,  Samuel  Barton,  John  Dt.nlan,  E. 
phrai'-a  Prat:,  IVilham  Over  all,  and  James  Robertfon,  and  the  heirs  or  cevHees  Ol  Zachariah  Jy'hitc,  Alexander  Buchan- 
an, James  Leper,  J  -r.es  Harrod,  Alexander  Thom/i/n,  David  Maxwell,  Robert  Lucas,  Timothy  Tirrel,  William  Hood, 
Ed  -j.r.l  Carvin,  William  Necley',  James  Shanklin,  Samuel  Morrow,  George  Kennedy,  John  Robert  Con,  Abel  Gowen  "fe« 
nior,  A  j  el  Gowen,  junior,  Nicholas  Trammel!,  Philip  Maf  or,  James  Tur  pin,  Najian    Turpi?    Jacob  Stump,  Nicholas 

a- 
•id 

Gervin,  JeJJe  Bialjfon,  J d'eph  Renfrew,  Philip  Conrod,  William  Cuafwey,  John  Bernard,  John  Lunuden,    John   Gilltev, 


)g  a    grant 

fix  hundred  and  forty  aci  es  of  land,,  without  being  obliged  to  pay  any  price  for.  the  fame  :  Provided,  that  every  per- 
foB  receiving  fuch  grant  (hall  pay  the  furveyors  and  other  fees  of  office. 

II.  And  be  it  further  enatted,  by  the  authority  aforefald,  that  Chriftopher  Gait,  fenior,  Chriiiopher  Gais,  junior, 
Jonathan  G lis,  Kafper  Bocher,  Richard  Breeze,  P  bines  Cocke,  Mark  Nobles,  John  Kittr,  Ifaac  May  field,  Samuel  Hollis, 
JJaac  RounFevall,  Eneas  Thomas,  Jofhua  Thomas,  Caleb  Winters,  John  Buchanan,  fenior,  John  Kennedy,  junior,  John 
Cafiello,  Robert  Thomfon,  and  Sampfbn  Williams,  (hall  each  and  every  one  of  1  hem  be  entitled  to  enter  with  the  entry, 
taker  olDavidjon  county  fix  hundred  and  forty  acres  of  land,  without  bejnjj;  obliged  to  pay  any  price  (or  the  fame,  ex- 
cept fti.-veyors  and  other  fees  of  office,  which  they  and  each  of  them  may  locate  on  any  vacant'land  in  the  (aid  coun- 
ty,  the  lands  laid  out  for  the  officers  and  foidiers  excepted  ;  and  the  Governor  is  hereby  authorifed  and  required  to 
nuke  fuch  granc  ;n  the  fame  manner  to  each  and  every  of  the  before  named  perfons  as  if  they  had  paid  the  full  price 
o(  ten  pounds  per  hundred  acres. 

(I1.  And  lels  difpute  may  arife  by  two  or  more  pre-emption  rights  being  located  on  the  entry  taker's  books  of  Da- 
vidfon  county  to  the  fame  place,  Be  it  further  enaeled,  by  the  authority  aforcfaid,  that  in  fuch  cafe  the  perfon  in  whofe 
name  fuch  entry  be  firft  made  (hall  have  the  preference,  and  a  grant  (hall  pals  to  him  for  the  fame ;  and  the  perfon  or 
perfon?  in  whofe  name  any  other  entry  or  entries  (hall  be  made  and  located  to  the  fame  place  may,  and  it  (hall  be  law« 
(ulfor  them  to  locate  the  fame  on  any  other  vacant  land  ;  any  law,  ufage,  or  cuftom  to  toe  contrary  notwithstanding, 


i38 

Chap.  LIX..  An  off  t»  alter  the  place  bf  holding  the  c»unty  ceurt  in  Pajquotank  tbunly //■«»»  Winfield U  the  town  bf  Nix. 

ontsn  in  the/aid  county,  and  toereel  a  new  court-houfe,  prifon,  pillory  and f/ocks,  in  the  f aid  county. 
I.  V T 7HEREAS  it  is  found  that  thefuuation  of  the  court  houfe  in  Pafquotank  county  is  inconvenient  to  the  greatefc 
VV    part  of  the  inhabitant,  which  together  with  the  ruinous  ■  condition  cf  the  prifon,  and  the  want  of  proper  ac- 
commodations for  perlons  obliged  to  attend  «n  court  and  other  pubic  bufinefs  at  the  place  where  the  court-houle  now 
Hands,  renders  it  neceflary  to  alter  the  place  of  holding  the  courts  to  the  town  of  Nixonlon, 

II.  Beit  therefore  cuafled  by  the  General  Affeinfily  of  the  ff  ale  c/North-CarDlina,  and  it  is  hereby  em  3ed  by  the  cu>ht>. 
r'ity  of  the  fame,  that  Abi <aham  Symons,  Ambrofe  Kntx,  Devotion  Davis,  Jofeph  Slokeley,  and  Benjamin  White,  are 
hereby  appointed  commiflioners  to  erect  a  court-houle,  prifon,  pillory,  and  flocks  for  the  ule  of  the  laid  county  ;  and 
they,  or  a  majority  of  them,  to  agree  with  workmen  to  build  andfinifh  the  fame  at  the  town  offJfixonton  in  the  (aid 
county  :  and  if  one  or  more  of  the  faid  commiflioners  fhould  remote  from  the  faid  county,  or  die,  then  the  iurvivor 
fir  furvivors   fhall  elecl:  and  chufe  another  or  other  commiflioners  to  act  in  his  or  their  ftead. 

III.  And  be  it  further  ena&td  by  the  authority, oforefaid,  that  the  faid  commiflioners  are  hereby  impowered  to  receive 
all  lubfeription  money  now  collected  or  t«  be  collected  for  building  a  court  houfe  for  the  ule  of  the  laid  v  county  at 
die  town  of  Nixonton,  of  thirty  five  feet  by  twenty-five,  and  fufficient  and  completely  to  fin i 111  the  fame  ;  and  not  t» 
proceed  in  the  fulfilling  this  act  till  an  ample  fum  is  vefted  in  their  polTedion  for  the  purpofe  of. building  the  faid  court- 
aioufe. 

IV.  And  he  it  further  euaeled  by  fheauthorhy  aforefaid,  x\ at  io  foon  as  the  faid  court -houfe,  prifon,  pillory  and 
flocks  fhall  be  erected  and.finilhed,  the  Juftices  cf  the  fajd  county  fhall,  and  are  hereby  directed  and  required  toadjqurji 
the  faid  court,  by  their  order,  from  the  place  where  the  fame,  is  now  field  at  IVinfield  to  the  court-hcufe  (bto  be  erect- 
ed and  builtat  the  town  of  Wixontott  by  virtue  of  this  act  ;.  and  all  fuits,  a-ftions,  plaints,  pleas,  and  other  matters 
and  things  before  theiaid  court  then  depending  and  undetermined  fhall  (land  adjourned  and  continued  accordingly  ; 
and  all  and  every  perfon  and  perlons  having.day  in  the  laid  court^  and  all  witnelfes  Cull  be  bound  and  obliged  to  ap- 
pear at  the  feme  according  to  liich  adjournment. 

V.  And  be  it  further  enuiled,  by  the  authority  af  orefaid,  that  the  faid  commiflionfrs,  or  any  two  of  them,  are  here- 
by impowered  topurchale  of  the  commiflioners  of  the  laid  town  four  lots  of  land  within  .the  laid  town,  for  the  pur- 
pofe of  erecting  buildings  thereon,  to  hold  to  them  the  laid  commiflioners  and  their  heirs. in  tee  fimple,  to  the  ufe  of 
the  faiu  county  for  the  purpofe  af  orefaid. 

VI.  And  be  it  further  enafled,  by  the  authority  afire  fa''d,  that  the  Juftices  of -the  faid  county  are  hereby  authorised 
Tind  impowered  to  levy  a  tax  of  one  fhilling  on  each  and  every  hundred  pounds  taxable  property  within  the  faid  coun- 
ty, and  the  fum  of  one  (hilling on  each  perlon  not  taxed  by  h:s  property  ;  which  tax  fhall  be,  collected  by  the  fheiiff 
and  by  him  accounted  for  to  the  Juftices  of  the  faid  c»unty,  for:which  he  (hall  be  allowed  five  per  cent. 

VII.  And  be  it  further  emailed,  by  the •■authority  afrefa'd,  that  the  (aid  Juftices  are  hereby  impowered  to  fell  all  the 
materials  of  the  old  court-houle  and  prilon,  which  together  with  the  aforef  lid  tax  to  be  applied  to  the  building  and  fi- 
nifhing  the  faid  prifon,  piilory  and  flocks  ;  and  on  the  completion  of  the  faid  buildings  if  there  fhall  remain  any  over- 
plus of  money  in  their  hands,  to  pav  the  fame  to  the  Juftices  of  the  faid  county,  .and  by  them  to  be  applied  toward* 
the  payment  of  the  contingent  charges  of  the  laid  county. 

VIII.  And  be  it  further  enacled,  by  the  authority  aforefa  d,  that  all  and  every  act  and  acts,  claufe  or  article  hereto- 
fore made,  for  any  thing  within  the  purview  of  tnis  act  is,  and  are  hereby  repealed  and  made  void. 

Chap.  LX.  An  acl  for  intpovsering  the  court  c/"Brunrwick  ewnty  t*  adjourn  to  the  place  which  they  pall  think  mofl   ecu. 

venient  f(f  holding  the  fame. 
J.  XTTTHEREAS  by  an  act :  of  the  General  Allembly  pafled  in  the  year  of  our  Lord  one  thoufand  feven  hundred 
VV  and  fev.enty  nine,  the  place  for  holding  the  courts  of  faid  county  was  altered  from  the  town  of  Btunfwick  to 
the  plantation  of  John  Beit  ai  Lockwood's  Folly ,  and  a  tax  hid  upon  the  inhabitants  of  the  county  tor  paying  the  expences 
of  erecting  a  cour.t-houfe,  prifon  and  (locks  thereon,  which  by  the  depreciations  of  the  currency  was  totally  inadequate, 
and  it  being  inconvenient  and  difagreeable  to  Robert  Bell  the  prefent  pollefibr  of  the  faid  land  to  have  the  court  held 
at  his  houfe  ; 

II.  Lc  It  enacJed,  by  the  General  Affimbly  of  the  State  bfHorih-'CtroYm*,  and  it  is  hereby  er.acled,  by  the  authority  of 
The  fame,  that  thr  faid  court  be  impowered,  and  they  are  hereby  authorized  to  adjourn  to  any  convenient  houfe  not 
more  than  two  miles  diftant  from  Locfruood's  folly  bridge,  until  the  neceflary  public  buildings  of  the  faid  county  can 
be  erected. 

III.  And  I<e  it  further  enacled,  by  the  authority  af  orefaid,  that  William  Gauze,  Samuel  Leonard,  Lewis  Dupree,  J*, 
cob  Leonard  and  Henry  Walters,  be"  and  are  hereby  appointed  coninnlliorers  for  agreeing  with  and  implying  proper 
workmen  tobuild  a  good  and  fubftantia!  coutt-houfe,  prifon  and  flocks  lor  the  ufe  of  the  (aid  county,  and  that  they 
he  and  are  hereby  impowered  co  purchafe  five  acres  of  land  where  they  or  a  majority  of  them  (hall  think  mofl  cenve. 
niebt  w  th'm  the  d  iftance  above  delcri'jed  ;  and  that  in  cafe  of  the  death,  r-n  oval  or  refufmg  to  act  of  any  of  the  afore- 
ftid  co:n:nili)iuTs,  thac  the  remaining  commiflioners,  or  a  majority  of  them,  flial'l  have  power  to  appoint- others  ,  :• 
ati  in  their  ltcsil. 

IV.  Oof  At:.: 


V.  And  be  it  further  enaffed,  iy  the  authority  ^forefaid,  that  fo  much  of  an  a«5t  cf  the  General  Affenibiy  of  this  ftate, 
intitled,  an  #3  for  creeling  a  court. houfe,  prifon  and  Hocks  in  Brunlwick  county,  and  other  purpofes*,  as  comes  within 
the  purvicv  of  this  ad,  be  hereby  repealed  and  declared  void  and  of  no  effect  to  al!  intents  and  purpofes  whitlbcver. 

Chap.  LXI1I.  An  ail  to  encourage  Enoch  Ward,  Spyers  Singleton,  Chriltopher  Neale  and  ctmpany,.  to  cut  a  canal 

from  ClubFoot's   Creek  to  Harlow's  Creek. 
I.  'O  E  •"■  -nailed  by  the  General  Affmbly  oftheflate  nf  North-Carolina,  ani  it  is  hereby  enacted  by  the   authority  of  the 

\J  fame,  that  if  the  faid  Enoch  Ward,  Spyers  Singleton  Chrifiopher  Neal  and  company,  do  or  fhall  within  the  term 
•fJeven  years  from  the  palling  this  adt  cut,  or  caale  to  be  cut,  a  canal  from  ClubFoot's  Creek  to  Harlnxj's  Creek, 
the  fame  fhall  be  vefled  in  tiie  faid  -Enoch  Ward,  Spyers  Singleton,  Chriftopher  Neal,  their  heirs  and  afTigns,  and  it 
fhall  and  may  be  lawful  for  the  laid  Enoch  Jl'ard,  Spyers  Singleton  Cbrifi-opher  Neal  and  company,  their  heirs  and  af- 
figns, to  exact  and  levy  a  tell  on  all  boaf«  and  veffels  thatlhai!  pafs  thrrugh  the  fame,  at  fuch  rate  and  proportion  a* 
to  them  fliail  feem  belt  :  Provided,  the  faid  toll  fhall  by  the  faid  Enoch  Ward,  Spyers  Singleton,  Chriftopher  Neal,  and 
company,  their  heirs  and  alfigns,  be  levyed  every  year  between  the  firlt  and  tenth  days  in  January,  and  advertifeJ  at 
the  refpective  entrancee  into  the  faid  canal. 

II.  Ana.be~it  further  er.acled,  by  the  authority  afore/aid,  that  it  fhall  and  may  be  lawful  for  the  public  to  take  the  fa'd 
canal  when  cut  into  their  hands,  upon  paying  to  the  faid  Enoch  Ward,  Spvers  Singleton,  Chrifiopher  Ntal  and  com- 
pany, their  heirs  and  afiign?,  double  the  colt  and  charges  of  cutting  tac  fame,  together  with  lawful  interelr  on  the 
faid  cofis  and  charges. 

Chap.  LXIV.  jin  a& for  veflirg  in  James  Williams,  his  heirs,  executors,    adminiftrators  and  affigns,  the  property  of 

fire  toll  fridge,  known  by  the  name  qf'M'Craney's  br'dgc,   on  the  lower  Little  river  in  Cumberland  county. 
i.    \\j  HEKEAS  a  bridge  .ever  thelo»er  Little  river  in  C umb triand  county  at  the  place  knoun  Wy  tfie  name  of  JlTCr*- 
V  Y     tiey'i  bridge,  now  the  property  of  James  ll'rlliams,  has  by  experience  been  found  very  convenient  for  travel- 
lers, and  the  faid  Jam-ts WiUtems,  being  defirous  of  keeping  the  (aid  bridge   in  good   repair  at  his  own  expence  on 
condition  of  having  the  benefits  thereof  for  the  fpace  of  twenty. five  years  ; 

II.  Be  it  therefore  tnacledly  the  General  AJfembly  of  the  fiete  bf  Korth  Carolina,  and  it  isherely  cuael.dby  the  author!. 
iy  of  the  fame,  that  it  Jliall  and  may  be  lawful  for  tne  faid  James  Williams,  his  heirs,  executors,  adminiftrators  cr  af- 
iigns,  to  repair  in-the  molt  fubflantial  manner  the  bridge  aforelaid  ;  and  after  fuch  repairs  are  compleatly  finifhed,  it 
fhall  and  may  be  lawful  for  the  laid  jemes  Williams,  hit.  heirs,  executors,  adminiftrators  or  affigns,  to  keep  a  fuffici- 
ent  gate -thereon,  and  take  and  receive  from  all  perfons  that  pafs  over  the  lame  the  following  rates,  flat  is  to  fay  for 
every  man  and  horfe  four  pence,  for  every  horfe  and  chair  one  /hilling,  for  every  four  wheeled  riding  carriage/  in- 
cluding the  horfes  drawing  the  fame,  two /hillings,  for  every  cart  one  fhilling,  for  every  waggon  two  fhillinos  fore- 
very  led  horfe  or  ex  thnee  pence,  .for  every  head  of  neat  cattle  ene  penny,  for  every  head  of  hogs  or  fheep  one-half- 
penny :  Provided  neverthcUfs,  that  no  toll  fhall  be  demanded  or  received  from  any  perfon  when  attending  general  or* 
private  mutters,  the  annual  elections,  nor  fr«m  the  members  of  the  General  AiTembly  when  on  public  buifnefs. 

Chap.  LXV.  An  aft  to  autlorife-Theoph\]us  Evr.ns  to  recewe  toll  al  Rockjifh  fridge,  In  him  built  ;'«  Bladen  cst.n'y. 
I.  V  T  7HEREAS  it  is  reprefented  to  this' Generrl  AfTembly  that  Tbeophilus  Evasis,  at  a  very  confiderable  expence 
\  V  hath  built  a  beneficial  and  ufeuil  bridge  on  his  own  land  acrofs  Rock  fifli  creek  in  Bladen  county,  conveni- 
ent jbr  the  great  road  leading  from FpyettevilU  to  Wilmington  to  crois  the  fame  ;  and  whereas  it  isjuft  and  right  that 
the  WitlTheophilus  Evans  fhouid  be  aiunorifed  to  take  a  re.fonabl*  loll  for  a  limited  time,  as  a  recompe»ce  for  his 
trouble  and  the  coft  of  budding  the  fai  J   bridge  and  keeping  the  fame  in  good  repair. 

II.  Beit  therefore  enaFted  by  the  General  /jffembh  of  the  date  s/North-Carolina,  and  ills  hereby  enacted  li  the  author* 
iiy  of  the  fame,  that  it  fhall  and  may  be  lawful  for  the  faid  7 htophilus  Evans,  his  heirs  and  afiigns,  for  hlteen  years 
next  after  pafTing  this  act,  to  de»iand  and  receive  toll  at  the  faid  bridge  for  all  wheel-carriges,  men,  horfes,  and  cat- 
tle 'hat  fhall  pals  the  fame  ;  and  to  put  up  a  gate  and  lock  thereon  to  compel  the  payment  thereof  ;  and  the  faid  The' 
tplilus  Evans,  his  heirs  and  afJigns,  fhall  be  regula:ed  at  all  times  by  the  county  court  in  refpect  to  the  funis  he  or 
they  fhall  demand  and  receive  as  aforelaid. 

Chap.  LXVT.  Anaji  to  encourage  Enoch  Sawyer  to  wake  a  read  throi(gh'Pa[quotank  river  fvamp  oppofie  to  lis  planta- 


tion 


140 

have  common  tide?  ;  and  after  making  the  faid  road  ns  aforefaid,  it  fliall  and  may  befewfu]  for  the  faid  E'mch  S&y'yM, 
ljis  heirs,  executors,,  admnuitrators  and  aliigns,  to  r.ke  and  receive  from  all  perlc-ns  thai,  ihail  pals  through  the  Ijine 
aH,ql  cfol's  his  ferry,  the  following  rates  and  no  more,  that  is  to  lay  :  for  every  perfon  fix- pence,  for  e-\  ;  y  horle  iix- 
pencej  for  every  cari-ngeof  fwti  whe.'ls  one  (hilling,  lor  every  carriage  of  four  wheels  two  lii.Hings,  for  every  bead  of 
ijeat  cairle  four  pence,  for  everv  hog  or  Iheep  one  pennv,  for  and  during  the  term  ot  twenty  five  years  and  no  longer. 

III.  And  beit further  enact  id,  by  the  duthiorify  &fbr  f&id;   tii.it  it  any  perfon  or  pferfons  ilia.ll  for  Fee  or   reward,  con- 
trary to  the  intent  of  this  act,  tramp  >rt  or  carry   any  perlo.i  or  perlons,  their    hone;,  carriages'  or    effects,  over  the 
faid,  ierry,  Inch  per  Ion  or  perlons  lo  offending  flwfl  tor  every  offence  forfeit  and  p  iv  the  fifth  of  t  vre.ty  (hill'mps,  10  he 
recovered  by  a  warrant  before  any  Juitice  of  the  Peace,   to  be  paid  one-hall  to  the  informer,  the  other  half  to  the  faid  . 
Enoch  So  :•.'_)>  >•,  his  heirs  or  affigns. 

IV.  And  be  it  fttrlh.r  ettafl  d,  by  the  authority  aforefa'd,  thlt  C$J«  faid  Eriich  Sawy ■  r,  his  ex&iutrJFS,  so"  nim.frators, 
and  aliigns,  Hull  provide  good  i<u\  filfficieiit  boats  or  other  craft  for  the  transporting  t:  aVellers  and  their  effects  :  and 
fhalj  keep  the  fame,  as  alio  Ehe  laid  roiJ  or  caufeway  in  good  ar.d  fnfS'.'ient  repair  during  the  laid  term,  under  the  pe- 
nalty of  five  pounds  fpecie  tor  every  neglect,  one-half  to  the  informer,  the  other  half  towards  leffening  the  comity 
tax,  to  be  recovered  in  manner  aforefaid. 

CHAl'.  LXV.II.  An  act  to  tn courage  Benjamin  Smith  to  repa'r  ar.d  complete  the  bridges  and  diufivayt  through  the  Great 

Ifland  oppojite  Wilmington. 
3,  V  T  7HEREAS  it  appears  that  the  encouragement  formerly  grantee!  to  Wjjfta/ri  Dry,  Efcmire,fcr  makingapublicroad 
VV  through  the  Great  Ifiand  oppoftte  to  the  borough  o!  i'/ilminglon  was  totally  inadequate  to  thepurpofes  intend- 
<:d  ;  and  the  interior  court  of  Umn/'wick  county  have  unanimouflv  railed  the  rates  of  ferriage  to  and  from  the  before 
mentioned  ifland,  and  recommended  to  the  legillmire  "  to  grant  unto  the  proprietor  of  faid  ferries  fuch  encourag««  , 
meiit  by  law  as  may  be  nectllary  to  tinilh  a  very  laborious  undertaking,  winch  will  be  attended  with  great  public  uci- 
luy." 

II.  Be  it  fhrrcfvc  cnc.r.  d,  by  the  General  Alfembh  of  the  fate  of  North-Carolina, '  atd  it  is  hereby  cnatl-.d  by  the  autht  • 
rity  of  the  fame ,  chat  Benjamin  Smith,  his  heirs,  executors,  adminiftrators  or  aliigns,  (frail,  within  three  years  from 
the  puffing  of  this  act  tinilh  and  co. iipleat  a  good  and  (ufficient  road  through  the  faid  ifland,  iixteen  feec  wide  upon 
the  lurface,  and  two  feet  above  high  water  mark  at  ipring  tides  ;  the  ditch.es  on  each  fide  to  be  not  lei's  than  eight 
fetu  wide,  iuiSc.iewly  clear  to  admit  the  free  courle  of  water  for  draining  thecanfeway,  and  ihe  inllde  of  tne  ditches 
not  to  he  Ida  than  fifteen  feet  from  the  outiide  of  'he  caufe  way  ;  alfo  to  make  bridges  agreeable  to  law  overall  the 
creeks  that  the  faid  road  (hall  crols,  under  the  penalty  of  five  hundred  pounds,  to  be  recovered  by  action  of  debt  in 
any  court  of  record  having  cognizance  thereof,  the  one  half  to  theperlou  filing  for  ills  fame,  the  other  to  be  appli- 
ed towards  leilening  the  county  tax. 

III.  And  for  the  good  ancburagemeht  of  laid  B'-niamin  Smith  to  flnilh  compleatly  the  road  above-mentioned,  in  the 
beftandmofl  permanent  method,  be it  further  enabled,  I 'y  the  authority  aforefaid,  that  in  confideration  thereof,  he  the 
•laid  Btrjamin  Smith,  his  heirs,  and  aiiigns,  fliali  and  may  hereafter  receive  tor  tranfporting  paflenp^rs,  their  horfe*. 
and  effects  over  the  north-w  cit  and  north-eaft  rivers,  and  middle  creek,  the  following  rates  :  for  every  foot  palfcnger 
•ne  (hilling,  for  every  fmgle  horfe  one  (hilling,  for  tvery  fugle  man  and  horfe  two  (hillings,  for  every  wheel  carri- 
age nine  pence  per  wheel,  for  every  bead  of  neat  cattle  lbs  pence,  for  eveiy  head  of  flieep  or  hogs  three  pence,  and 
for  going  over  one  of  the  faid  rivers  half  the  laid  r.ites. 

IV.  And  as  a  further  encouragement  to  the  laid  Benjamin  Smith  to  cut,  make,  finifh  and  keep  the  faid  ditches, 
road  and  bridges  in  conltant  repair,  be  it  enacted,  ly  the  authority  eforjaid,  that  it  llwll  and  may  be  lawful  for  the  fiid 
Benjamin  Smith,  his  heirs,  and  aiiigns,  to  be  exempt  from  working  his  (laves  on  any  other  public  roads  in  this  ftate 
for  the  term  of  or-e  year. 

V.  And  belt  further  enacted,  by  the  authority  aforf aid,  that  the  fbid  Benjamin  Smith,  Ms  heirs  or  afTigns,  (hall  from 
time  to  time  after  the  (aid  road  and  bridges  are  compleatly  finiihed,  for  ever  thereafter,  at  his  or  their  expence  keep 
tt>«?  faid  road  and  bridges  in  diffident  and  conftant  repair  ;  and  in  cafe  the  faid  Benjamin  S?nith  his  heirs,  executors 
adjniniltrators,  or  aliigns  (hall  fail  or  neglectfo  to  du,  he  or  they  (hall  be  liable  to  the  lame  pains  and  penalties  for 
fuch  failure  or  neglect  as  the  overfeers  of  any  public  road  are  liable  to  by  virtue,  of  any  aft  or  acts  of  allembiy  of  this 
ihte. 

VI.  And  be  it  further  enacted  ly  ihe  authority  af.rtfaid.  that  if  any  perfon  or  perfons  fhall  for  fee  or  reward,  con- 
trary to  the  intent  and  meaning  of  ihis  act,  tranlport  or  carry  any  perfon  or  perlcns,  their  horles,  carriages  or  effect s, 
over  either  of  the  branches  of  Cape  Fear  river,  in  order  to  his  or  their  pairing  through  or  over  the  faid  ifland,  fuch 
perfon  or  j  erfons  fo  offending  (hall  fcr  each  and  every  offence  forfeitand  pay  the  fnm  of  five  pounds,  to  be  recovered 
iy  a  warrant  from  any  Juitice  of  the  Peace,  one  half  to  the  informer,  and  the  other  half  to  the  faid  Bsnjamtn  Smithy 
his  heir?,    executors,  adminiflrators,  or  alliens. 

VII.  And  h*--'J"TUltr  '""eiea,  ty  the  authority  aforefiS,  that  the  faid  Benjamin  Smith,  his  heirs,  executors,  admi- 
.i.iirafnrs  or  affigns,  (hall  provide  good  and  fufficient  boats  and  other  proper  crafts  for  tranfporting  all  travellers,  the* 
Hortes,  carnages  and  effects  :  and  for  ever  hereafter  fhall  keep  the  fame  in  fufficient  and  conftant  repair,  and  well  and 
p'  sgtrif  attended,  under  the  Bine  paih<  -•  !  n-palries  for  fach  failure  or  neglect  as  the  keepers  of  any  public  ferries 


are  liable  to  by  virtue  cl  any  aft  or  a&s  of  Affembty  of  this  fhte,  one  half  to  the  p?rfon  fu'ing  for  the  fame,  and  the 
other  half  Rrfie  ip  ilie.l  towards  leaning  the  county  tax,  to  he  recovered  in  any  lourt  of  record  within  the  counties  of 
Brunliuick  or  Heib-Hamver ,  wherein  the  i'.i:ne  is  cognizable. 

±  i.  JaUi.-it  f'wf^r'n.n^,  i,j  the  tiiuhority  afo-eftid ',  that  al!  and  every  ether  act  and  ndls  heretofore  made*  or 
f a  m  4ch  thereof  as  comes  within  the  purview  of  this  act  and  arc  contrary  thereto  be,  and  are  hereby  repealed,  made 
v;j«i  and  of  none  efteih. 


CHIP.  LXI.X    AiiI  to  eitakle  MiryDowd  to  Cue  for  and  recover  to  her  own  ufe  a 'id-  the  ufe  of her  children  by    her  huf. 
hand Conner  Dosvd,  all  debts  due  ana  owing  ta  the  flxid  Conner,   and  all  other  th.njs  in  aftion  which   the  /aid  Conner 
Do>vd  might Jaw [fully  fuej::'  aid  recover  acre  he  a  citizen  ef  this  //ate,  and  entitled  to  the  bin  ft  o\  its  laws- 
I.  -V  jil  HEREAS  Coxier  Dow  I,  the  hulband  t»f  Mary  David,   hath  attached  himfelf  in    the  ca  ufe   dfihehte  war'* 
\Y    the  Brftifc forces,  whereby  his  property '-became   Forfeited  to    this  (late,-  but  the  courrof  the  county  of  Chat. 
ham  in  which  county  the  laid  property  chiefly  lay  was  returned  to  and   allotted  for  the  m.iint  linance  of  the  laid  Alary 
and  her  and  hs  ciiildren,   together  with  all  debts  and  other  things  iije  and  owihg  to  I  be  fa  id.    Conner  previous  to  the 
laid  forfeiture,  but  the  faid  Alary,  inasmuch  as- htr  htuhand  is  in  mil- life,-  is  diiqu  ililied  to  maintain  fuits  for  the'  reco- 
very thereof  ; 

11.  Be  it  therefore  enacTcd,  by  the  General  A/Jembly  of  the  fide  c/Morth-Cifolina,  arrd  it  is  hereby  inccTed,  by  the  an. 
thvity  of  the  fame,  thatthd1'  diftributt»ns  and  allotment  of  the  property  above-mentioned  by  the  county  court  or  Chat* 
hum  to  and  for  the  ufe  of  the  laid  Mary  and  her  children  as  above-mentioned  (lull  be,  and  the  lame  is  hereby  confirm- 
ed  and  eftabliih  :d,  and  mall  remain  valid  and  indefeafiblc  in  law  ;  and  the  laid  Mary  (hall  be,  and  (he  is  hereby  ena- 
bled in  her  own  name,  and  to  and  ior  her  own  ufe  and  the  ufe  of  thf  children  jrfbrefaid,  to  fue  for  and  recover  all 
debts  and  other  things  in  action  whatfoevar  which  to  the  faid  Co-vt?r  belonged  or  which  he  was  intitlcd  to  cr  mVht 
have  brought  action  for  and  have  recovered  previous-to  thole  acts  of  rebellion,  or  nonconformiiy  to  the  laws  of  the 
ftate  which  were  the  caufes  ofthe  laid  forfeiture  5  and  the  coverture  of  the  laid  Mary  fl^W  not 'be  pleaded  or  plead- 
able to  any  action  commenced  by  her  for  or  on  account  of  any  of  the  debrs  or  things  aforelaid,  favi.ig  and'rel'eTTir.sy 
neverdiclefs  to  all  and  every  perfou  and  perfons  whatloevcr  all  and  every  acti.  n  and  right  ofaftion  ti  nich  they  would 
ha/e  had  refpeclively,  hid  the  faid  efiate  ftill  remained  in  poffeffian  of  the  Lid  Conner  Low .:,  in  ihe  |j,re  marnr  a3 
if  this  aft  hid  never  been  made  :  And  it  is  hereby  declared  andeiaSIed,  that  any  fu'ch  action  may  be  commenced  by  o- 
riginal  attachment  againft  the  faid  Cornier  Dow/,  in  which  the  Lid  Mary  may  be  brought  into  court  ss  a  garnifhee 
oragamft  her  the  Lid  Mary  in  the  fird  znftaiice  ;  any  law  or  ufage  to  the  contrary  notwuhftand.ng.  * 


Chap.  LXX.  An  ail  for  enfranchifmg  Ned  Griffin  lite  the  property  of  William  Kitchen.  ■ 
l'  \ft/HEIlEAS  Ned  Griffin,  late  the  property  of  milium  Kitchen  of  F.drecomb  coumy.  was  promifed  the  fu'l  en- 
V  V  joyments  of  his  liberty,  on  condition  that  he  the  laid  Ned  Griffin  mould  faithfully  lerve  as  a  foMier  in  the 
continental  line  of  this  Itate  for  and  during  the  term  of  twelve  months  ;  and  whereas  the  faid  Ned  Griffin  did  faithfully 
on  his  part  perform  the  condition,  andJwhereas  it  is  juft  and  realisable  that  the  Lid  Ned  Griffin  fiiould  receive  tLe  re- 
ward promifed  for  the  fervices  which  he  performed  • 

II.  Be  it  therefore  tnaBed\  by  the  General  Afembly  cfthe  State  of  Morth-Carolina,-  and  it  is  hereby  enaclcd,  by  the  au. 
thoriy  of  the  fame,  that  the  Lid  Ned  Griffin,  late  the  property  of  William  Kitchen,  fhall  forever  hereafter  be  "in  every 
relpect  declared  to  be  a  freeman  ;  and  he  fh  ill  be,  and  he  is  hereby  enfranchifed  and  for  ever  delivered  and  discharg- 
ed Iron  the.  yoke  offlivery  ;   any  la*,  uLge  or  cuiloni  to  the  contrary  thereof  111  any  wife  notwithstanding. 


Chap;  LXXL,  AwaFl  to  vefi  in  Nathaniel    Allen  and 'others  certain  lands  therein  mentioned. 
l'    \\7"fiEREiVS  Nathaniel  Allen,  Allen  Jones,  Nathaniel  Jones,   William  Richard/on  Dmvie,   Samuel  Die  kin/on   Jame 
VV     Well  Greene,  and  James  ArJerfon,  have  lequefted  proper,  public  encouragement  to  drain  th„   lake  of  Scvfi 
ferhng  in  the  county  of  Tyrrel  •  '      .      7 


granted  to  them,  their  heirs  and  affigiw  for  ever,  to  hold  to  them,  their  heirs  and  afliiii* 'refpeffirilyT'as  fenai 
com  non,  and  not  as  jom  tenants. 

III.  An  !  be  it  further  enaBed,  by  the  authority  afore/aid,  that  the  lands  by  them  i*  acquired  in  the  lake  of  Supper- 
long  aforeiaid,  fhdl  be  exempt  from  the  piyment  of  taxes  forthe  term  of  Lven  year*  aj*»ve  mentioned,  favinE  howe* 
veraud  rclervm^  to  all  manaer  of  per.ons  all  legal  claims  whatfoever.  . 

N  %    2 


i4* 

Chap.     LXXII.  An  ct~l 'to  amend an  ail p 'ijjed  inthcyear  tn •thufand /even  hmdred  end  ngkty  three,  zntitkd,  sn  aft  to 

veil  certain  lards  in  fee  iimple  in  Richard  Hinder fon  and  others,     p.  116. 
I.     tT  7HEREAS  for  reafons  made  known  to  and  adtuiued  by  the  General  Affrmbly,  the  furvey  of  the  faid  land* 
V  V   could  not  be  compleated  within  the  time  prescribed  by  thefaid  act  ; 
H.   Be  it  therefore  enacl?d  by  the  General  //(fembly  of  the  State  0}  North-Carolina,  and  it  is  hereby  enifted,  by  the  au- 
thority (5/ the  feme,     that  the  faid  Richard  Benderfon  and  company  mall  have  full  power,  right  and  authority    to  com- 
pleat  the  faid  furvey  according  to  the  feid  aft  of  Affembly  ;  and  it  compleated  within  the  fpace  of  twelve  months  from 
the  ratification  of  this  aft,  mall  be  as  full  and  effectual  to  all  intents  and  purpofes  as  if  compleated    within  the  time 
prescribed  by  the  laid  adti 

Chap.  LXXIII.  An  acl  to  alter  the  name  of  Frederick  Totevine  to  Frederick  Lane. 
I.  "T  T  TKEREAS  Frcdet  ick  the  ion  of  Mary  Totevine,  late  of  Craven  county,  hath  from  the  lime  of  His  nativity  been 
v  V    called  and  known  by  the  name  of  Frederick  Totevine,  and  for  fpecial  reafons  the  faid  Frederick  hath  petitioned 
this  AfTembly  and  earnestly  prayed  that  his  name  might  be  altered  by  a  law  from  Totevine  to  Lane  ;  and  the  reafons  fet 
forth  in  thefaid  petition  being  judged  Sufficient, 

II.  Beit  therefore  enacled,  by. the  General  AJfcmbly  of  the  State  o/North-Carolina,  audit  is  hereby  enacled,  by  the  au- 
thority of  the  fame,  that  from  and  after  the  palling  of  this  acl-the  name  of  Frecerick  Tiirvine  ff  all  be  altered  to  the  name 
Frederick  Lane,  and  fliall  thenceforth  be  called  and  known  by  the  name  of  Frederick  Lane,  and  that  by  the  faid  name 
of  Frederick  Lane  he  fliall  and  may  fue  and  be  Sued,  plead  and  be  impleaded  in  any  courr  of  law  or  equity,  and  obtain, 
and  poflels  lands  and  all  other  fpecies  of  property  by  will,  -o'eviie,  donation,  grant,  purchafe,  or  other  wife  ;  and  he  may 
by  the  fame  name  of  Frederick  Lane,  fell  and  difpofe  of  lands  and  other  property  already  or  hereafter  to  be  acqui. 
red,  and  finally  in  all  things  the  laid  Frederick  ihall  be  able  and  capable  in  law  and  equity  of  legociating  and  traniact. 
ng  all  manner  of  bufinels  by  the  name  of  Frederick  Lane,  in  as  full  and  ample  a  manner  as  if  he  had  been  called  and 
kiio\nby  no  other  name  from  the  time  of  his  nativity  ;  any  law,  ufage  or  cufton  to  the  contrary  notwithftanoing. 

Chap.  LXX1V.   An  atf  for  altering  the  names  of  Jofhua  Taylor,  -Mofes  Taylor,   Aaron    Taylor,  Mark  Taylor,  and 

William  Taylor,  to  that  of  Jofhua  Sugg,  Moles  Sugg,  Aaron  Sugg,  Mark  Sugg,  and  William  Sugg. 
I,     *ttH£R  EAS  it  is  the  eatneU  requeft  of  Mofes  Sugg,  the  natural  father  of  the  laid  Jijhua,  Mojes,  Aaron,  Mark 
VV    and  William,  that  they  fliould  aflame  his  lirname, 
II.   Be  it  therefore  enacled,  by  the  General  Affembly  of  the  State  of  North-Carolina,  and  it  is  fereby  enatled,  by  the 
authority  cf  the  fame,    that  from  and  after  the  ratification  of  this  acf  the  names  ol  the  faid  Jojln-.a  Taylor,  Mojes  Taylor, 
Aaron  Taylor,  Mark  Taylor,  and  William-Taylor,  (hall  be  altered  to  the  names  of  Joft.ua  Sugg,  Mojes  Sugg,  Aaron  Sugg, 
Mark  Si'gg,  and  William  Sugg  ;  and  they  fliall  henceforth  be  called  and   known  by  the   name  of  Jofljua  Sugg,  Mojes 
Suee,  Aaron   Sugg,  Mark  Sugg,  and  W'illiam,  Sugg ;  and  that  all  and  every  deviie,  bequcft,  legacy,  grant,  deed,  bill 
promiliory  note,  or  other*  writing  or  aflumpfyyi,  of  or  from  ar.y,  perion    or   perfons   whatloever,  heretofore  made 
oranted,  or  done  to  the  faid  Jofhui,  Mojes,  Aaron,  Mark,  and  William,  by  the  names  oi  Jofl.ua   Sugg,  Mofes,  Sigg, 
'Aaron   Sugg,  Mark  Sung,  and  William  Sugg,  ihall  be  good  and  valid  in  law  to  all  intents  arc!  purpcies;  and  that   by 
the  natres   of J'fluaSugg,  Mofes  Sugg,  Aaron  Sugg,  Mark  Sugg,  aid    William  Sugg,  they  fliall   be,  and   hereby    are 
jointly  and  feverally  and  refpeiftively  enxbled  to  take,  receive,  h,ave,  poffefs  and  enjoy  any  and  every  devife,  bequeft 
legacy,  efrate,  iight5  title,  intereff  and  property  of,  in  and  to  any  lands,  tenements,  hereditaments,    goods,  monies, 
profits,  fum  or  funis  of  money,  credits  cr  chattels  whatever,  which  ihall  or  may    be  given,    granted,  sfligned,  con- 
veyed, or  made  payable  to  him  or  them  by  thefaid  names  of  Jrjhua  Sugi,  Mofes  Sugg,  Aaron  Sugg,  Mark  Sugg,    and 
W'nliam  Sing,  in  and  by  virtue  of  any   laft  will  or   telrament,  deed,  bill  of  fale,  conveyance,  bond,  obligation,  bill, 
promiliory  note,  or  ether  writing  or  affumption  of,  or  from  any  perion  or  perfons  wliatfcever  ;  and  that  by  the  names 
of  Jofhuz  Sugg,   Mofes  Sugg,  Aaron  Sugg,  Mark  Sugg,  and*  William  Sugg,  he  or  they  fhall  aid  may  lue,  and  be  fued 
and  impleaded  in  any  action  or  fuit,  as  welkin  law  as  inequity  or  otherwife,  and  may  therein  plead,  anfwer  and  de- 
fend, in  full  and  ample  manner,  to  all  intents  and  purpofes  ;   and  that  by  the  fiid   name  of  Jojhua  Sugg,  Mofes    Sugg, 
Aaron  Sugg,  Mark  Sugg,  and  William. Sugg,  hs  or  they  fliall  and  may  from  the  ratification    of  this  acf  in  all  things 
whatever,  be  fubject  to  the  fame  reflrictions,  and  entitled  to  the  fame  privileges,  benefits  and  emoluments,  as  if  he  or 
they  had  from  the  lime  of  his  or  their  nativity  hnherto  been  lawfully  called  and  known  by  the  faid  names  of  J'fljita 
Sugg,  Mofes  Sugg,  Aaron  Sugg,  Mark  Sugg,  and  IV i  Ilium  Sugg. 

IX  Year  of  Independence.     The  22d  of  October,   1784.     Firfc  Seffion. 

Chap.  XXJX.  An   aft  for  the  encouragement  of  learning  in  tledif.ricl  of  Sahibury. 
•I.   \T7HEREAS  itappears  to  this  General  Ailembiv  by  the  petition  cf  the  truftees  of  an  academy  at  Charlotte'm  Mec- 
V  V  lenburg  county,  lately  known  by  the  name  Liber  ty-Hall,  that  from  various  reafons  the  fame  is  in  an  entire  ftate 


143 

•of  decay,  and  that  it  would  bs  more  e'ig'ble  to  have  an  academy  for  the  education  oF  ycmh  at  or  rtt&r  taS/bury.  ]n 
the  county  of  Rowan  ;  and  whereas  the  General  Aflembly  are  at  all  times  ddpofed  togive  every  proper  encouiagement 
tor  the  promotion  of  learning;,  virtue  and  religion  ; 

II.  Beit  therefore  enacled by  the  General  AJfctnbly  of  the  flat e  of  North-Carolina,  tmA.it  is  enacled  by  the  an. 
thcrity  of  the  fame,  that  his  excellency  Governor  Alartia,  the  Hon.  Samuel  Spencer,  Abraham  Alexander,  'John  liPrVmH 
AlexarJar,  AdlaiOfhom,  Samuel  ?tV  Cockle ,  James  Hell,  David  Caldwell,  Sprwe M'Ory,  Anthony  Nevtndn,  WilliamH. 
Harrington,  Mathew  Locke,  Thomas  Pclk,  William  Sharpe,  Aaam  Alexander.  Peter  Randolph,  jefeph  Williams,  Benja- 
min Hemdon,  George  Henry  Burger,  Jojeph  WinJIon,  John  Brown,  William  Hill,  Caleb  Pfifer,  Jojeph  Drckfon,  JobnlVaU 
her,  Chai  les  M'Dowall;Tho  nas  Frohock,  Valentine  Beard,  John  Lewis  Beard,  Sam.  Shutes,  John  Steel,  Maxwell  Chambers 
and  Mtihew  Troy,  (hail  be  and  tney  are  hereby  declared  to  be  a  body  poli.ic  and  corpoiate,  to  be  known  and  oi(tin»uifh-d 
by  the  title  of  '  The  trultees  of  S;.ltfbury  academy,'  late  known  by  the  name  of  Liberty  Hall ;  and  by  tiie  name  of  the 
truftees  of  Salifcury  acade ny  fball  have  perpetual  fucccflion  and  a  common  leal  ;  and  that  thefaid  trultees  and  ihtir 
lucceffbrs  by  the  name  aforefaid,  or  any  nine  or  more  of  them,  (hall  be  able  and  capable  in  law  to  take,  demand,  re- 
ceive and  poflefs  all  monies,  goods  and  chattels,  that  fhall  be  given  them  for  the  ule  of  the  laid  academy,  and  the 
fame  apply  according  to  the  will  of  the  donors  ;  and  by  gift,  purchafe  or  deviie,  to  take,  have,  receive,  poflefs  en. 
joy  and  retain,  to  them  and  their  fucceflbrs  for  ever,  any  lands,  rents,  tenements  or  hereditaments,  ot  what  kind, 
nature  or  quality  foever  the  fame  may  be,  in  fpecial  truft  and  confidence  that  the  fame  or  the  profits  thereof,  fhall 
be  applied  to  and  for  the  ufes  and  purpofes  oteltablifhing  and  endowing  the  laid  Sa'ifbury  academy  in  the  county  of 
Rowan,  building  or  purchsling  luitable  and  convenient  houfes  for  the  fame.,  providing  a  philofcphical  apparatus  and 
public  library  and  fupporting  and  paying  falsries  to  'ire president  and  fuch  number  ofprofellors  and  tutor1:  thereof  as 
fhall  be  necefiary  to  inftruct  the  fludents,  and  fuch  as  they  Hull  be  able  to  pay  out  of  the  funds  that  fhall  be  in  their 
hands. 

III.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  faid  truftees  and  their  fucceflbrs,  or  any  nine  or 
more  of  -them  by  the  name  aforefaid,  fhall  be  able  and  capable  in  law  to  bargain,  lell,  grant,  demile,  alienor  difpere 
of,  and  convey  and  allure  to  the  purchafers,  any  fuch  lands,  rents,  tenements  or  hereditaments  aforefaid,  when  the 
condition  of  the  grant  to  them,  or  the  will  of  the  devilor  dcth  not  forbid  the  fame  :  and  further  that  the  laid  truftees 
and  their  fucceflbrs  for  ever,  or  any  nine  or  more  of  them  fhall  be  able  and  capable  in  law  by  the  name  sforefaid  to 
fue  and  implead,  belued  and  impleaded,  anfaer  and  be  anfwered  in  all  courts  of  record  whatfoever. 

IV.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  faid  truftees  or  any  feventeen  cr  more  of  them  be 
and  they  are  hereby  impowered  and  authorifed  to  convene  at  Salifhury  on  the  twenty  fecond  day  of  March  next  after 
patting  this  act,  and  then  and  there  agree  and  determine  on  the  place  where  it  may  appear  to  them  or  a  majority  of 
them  then  prefent  muft  convenient  and  proper  to  purchafe  or  erect  buildings  for  the  liid  feminary  ;  and  alfo  then  arid 
there  elect  and  confttute  by  commillion  in  writing  under  their  or  a  majority  of  their  hands,  and  feakd  w  ith  the  com- 
mon leal  of  the  corporation,  a  proper  perlon  to  prellde  at  the  faid  academy,  wlio  fhall  be  a  truftee  during  his  continu- 
ance in  office  ;  and  l'ujh  prefident  being  fo  elected  and  connnifTioned,  and  the  truftees  or  their  fucceflors,  or  any  nine 

-or  rr.ore  ot  them,  at  all  other  times  thereafter,  when  convened  and  met  together  within  the  faid  ccunty  cf  Rowan 
fhall  have  full  power  and  lawful  authority  to  elect  and  conftitute  one  or  or  more  profeflors  or  tutors,  a  fecret'ry  a 
treafurer  and  fteward  ;  and  alio  to  m.ikc  and  ordain  fuch  laws,  rules  and  regulations,  not  repugnant  to  the  law  s  of  this 
ftate,  for  the  well  ordering  and  governing  the  ftudents,  their  morals,  ftudies  and  academical  txercifes,  as  to  them 
fhall  feem  meet  ;  and  togive  certificates  to  fuch  ftudents  as  fhall  leave  the  faid  academy,  certifying  their  hterarv  me- 
rit and  theprogrefs  they  fhall  have  made  in  ulefui  knowledge;  in  general  they  fhall  or  may  do  all  fuch  things  as  are 
ufually  done  by  bodies  corporate  and  politic,  or  fuch  as  may  be  necefiary  for  the  promotion  of  learning  and  virtue  • 
and  alfo  that  the  faid  truftees,  or  any  nine  or  more  of  them  are  hereby  impowered,  and  fhall  have  lawful  authority  to 
remove  or  difplace  the  profeflors  or  tutors,  the  fecretary,  treafurer  and  fteward,  ot  any  of  them,  if  they  fnould  find 
it  necefiary  ;  and  further,  that  on  the  death,  refignation  or  refu'al  10  act,  or  either  the  profeflors  or  tutors,  the  fe- 
cretary, treafurer  or  fteward,  others  fhall  be  elected  in  the  room  and  ftcad  of  thofe  dead,  reftgned  or  refufmg  to  act. 

V.  And  b:  it  further  enacled,  by  the  authority  a/sre/aid,  that  the  treafurer  of  the  faid  board  of  truftees  fhall  enter  in- 
to bond  with  lafEcient  fecurity  to  the  truftees  aforefaid  in  the  lum  of  one  thouland  pounds,  conditioned  for  the  faith- 
ful difcharjie  of  his  office  and  the  truft  repofed  in  him,  and  that  all  monies  and  chattels  belonging  to  the  faid  corpora* 
tion  that  (hall  be  in  his  hands  at  the  expiration  of  his  office,  fhall  then  be  immediately  paid  and  delivered  into  tbc 
hands  of  ttte  lucceeding  treafurer  ;  and  every  treafurer  fhall  receive  all  monies,  donations,  gifts,  bequcfts  and  chari- 
ties whatfoever;  that  may  be'ong,  or  accrue  to  the  faid  academy  during  his  office,  and  at  the  expiration  thereof  fhall 
account  with  the  truftees  for  the  lame,  and  the  fame  pay  and  deliver  over  to  the  fucceeciing  trealurer  ;  and  on  his  ne- 
glect or  refufa!  to  pay  and  deliver  as  aforefaid  the  fame  methad  of  recovering  may  be  had  againft  him  as  is  or  may  be 
provided  for  the  recovery  of  monies  from  fheriffs  or  other  perfons    chargeable  with  public  monies. 

VI.  And  be  it  further  enacled,  by  the  authority  afortfaid,  that  on  the  death  of  any  truftee,  or  in  cale  any  fruftee  fhculd 
refign  or  negleit  to  ferve  during  the  fpace  of  two  years  after  his  or  their  appointment,  then  laid  truftees  or  any  nine  or 
mere  ot  them  (hall  elect  fome  fit  perlon  crperlbns  in  the  rocm  of  him  cr  them  e'esd,  refignitij  or  fo  neglecting  to  jet, 

VII.  And  be  it  further  enacled,  by  the  authority  ajorejaid,  that  nothing  conlantd  in  this  act  fhall  be  c.i.fictrcd  as 
tending  to  prevent  the  truftees  from  diftinguifhing  their  public  hall,  or  their  library  by  the  names  of inch  [  erlors  as  may 
within  two  years  give  the  molt  liberal  donations  to  the  laid  kminury.  .  frtziae^  that  this  kmiaaiy  flu!)  pot    bt  Wf 


1-44- 

ikued  to  be  an/  one  of  thofe  mention  ed  iu  and  intended  by  the  conftitution. 


Chap.  XXX.  ^»  aP.fr  levying  a  tax  in  the  counties  in  Hillfb  (rough  oWS^ifbury  diflriBs  for  the  repairs  of  the  dftri.1 
buildings  in  the  towns  of  hiliiborough  unJS  ililbary,  an  I  direfl  ng  the  method  of  calling  to  acccount  all  comnii'Jimers  of 
public  buildings  heretofore  ir  hereajttr  f>  be  appointed. 

I.  II.  11L  it.  V.   VI.  VJI.  VIII.  .6  IX.  Obfolete. 

X.  A  ^  ^  whereas  great  abufes  have  arifen  from  the  neglect  of  the  feveral'  commiilbners  hretofore  appomted 
jT_  within  this  (t.icc,  for  the  repairing  as  well  of  the  dtftrict  as  of  the  county  courc  honl'es,'  and  other  public 
buildings  ;  Be  it  amcl-dby  the  G-.n-ral  Affembly  of  the  h/ete  of  North  Carolina,  cni  it  is  hereby  enact.'d  by  the  authority  of 
thsja  ne,  that  the  Juttites  ot  the  leveral  counry  court,  within  ibis  fhite  be,  and  they  are  hereby  i.npowcred,  authori- 
al: it  and  reqiired,  whenever  they  thing  necelliry,  to  call  on  all  and  every  perfon  who  is}  has  bienor  fhall  be  a  com- 
jni:iioner  for  building  or  repairing  public  buildings,  whether  for  the  diftrict  or  the.  counties  wherein  they  refide,  to 
call  for  all  monies  by  them  received  for  any  or  either  of  ibe  afore  ad  purpofes  ;  and  on  failure,  neglect  or  refufal,  of 
any  coninuflloner  when  called  on  by  the  Juilices  of  any  county  ccprt,  to  lay  before  them  an  account  of  all  monies  by 
ihem  received  and  the  expenditures  of  the  fame,  it  Hull  and  may  be  'awful  for  the  fa'rd  Jaitices  10  enter  up  judgment 
■againftlucb  delinquent  commiliioner  or  comrnillioners  for  fuch  fum  or  funis  of  money  as  by  the  receipts  of  the  county 
treafurer,  fheriih  or  collectors,  they  may  appear  to  have  received,  and  execution  for  the  fame  may  and  fhall  iflue  fur 
the  fame  to  the  ufe  of  the  county  or  dtitrift,  as  the  cafe  nviy  be,  with  colls  ;  atiy  law  to  the  contrary  notwithstanding. 
The  Lijtfeclion  Obfolete, 

Chap. XXXI.  At  additional  aft  toamend  an  ac7,  intituled,  anactforpurchafui"-  a  lot  or  lotsin  the  town  cf  Wilm'tigton  for 
the  purpofe  ul  building  a  gaol  for  the  diftrift  oi  Wilmington,  and  other  purpofes  ;  faffed  at  Hillfborough  in  the  yew  one 
thou/and  fever,  hundred  and  eighty  three  .•  And  an  ail  intitled,  an  aft  toamend  an  act,  tntitled,  an  adt  for  pur,.na!ing  a 
lot  or  lo;s  in  the  town  ef  Wilmington,  for  the  purpofe  of  building  a  gaol  for   the  diftrict  ot    Wilmington,   and    other 
purpofes,  and  for  repairing  the  court -houfe  of  "faid  diflricl  ;  faffed  at  Hiih'barough  laft  Affembly.       p.    1 12  6  134. 
!•    \T7HEREAS  the  trultees  named  in  the  act  for  purchafing  a  lot  or  lots  in  the  town  ot  V/dmington,  for   the   pur- 
V  V    pole  ot  building  a  gaol  for  the  diftrict  cf  Wilmington,  have  failed  to  purchafe  the  faid  lot  or  lots,  and  to  col- 
lect the  monies  impofed  by  the  fame  aft,  or  to  perform  any  part  of  the  fervices  required  thereny,  or  by    an  aft    to  a- 
juend  the  (aid  act,  pafTed  by  the  laft  General  Ailembly  ;  and  whereas  the  molt  of  the  laid  truftees  live  at  iuch  a    d:f- 
tance  from  eachotner  that  it  is  inconvenient  for  them  to  meet  fo  frequently  as  may  be  necefl'ary   to  cany    into    effect;; 
the  purpofes  intended  by  the  faid  acts 

II.  Be  it  therefore  enabled  by  the  Genera!  Affembrj  of  North-Carolina,  and  it  is  hereby  enacted  by  the  autho- 
rity of  the  fume,  that  James  Qxkie,  John  Fergus,  Jamei  Read,  John  Hi/.Jke,  Thomas  M-Claine,  Henry  'foomer,  and 
Alexander  Heftier,  be  and  they  are  hereby  nominated  and  appcinted  truftees  in  addition  to  the  perfons  named  in  the 
firft  mentioned  ait  to  carry  the  faid  act  and  the  act  to  amend  the  fame,  palled  laft  General  Ailembly  into  effect  ;  ai;d 
the  faid  truftees  or  a  majority  of  them  arc  invetted  with  all  the  powers  and  authority  to  carry  the  fame  acts  into  exe- 
cution  with  which  the  truftees  named  in.  the  laid  fir  ft  mentioned  were  invefted.    . 



CHAP.  XXXII.  An  ail  to  e/iabltff}  the prinripalftreets  of  it  ayettevi'Ie  as  laid  down  in  a  flan  of  the  f did  town  by  commiftlon- 
oners  appointed  bv  an  acl  puffed- at  Hillfborough,  the  eighteenth  day  of  April,  in  the  feventh  year  of  the  Independence  of 
this ftate',  intitled,  an  act  for  appointing  the  ieveral  perfons  therein  named  to  lay  out  the  ftreets  in  Upper  Campble  ■ 
ion'm  Cumberland  county,  and  for  the  future  regulation  of  the  f.iid  town,  and  giving  a  further  lime  lor  laving  lots 
in  the  lower  town,  and  for  altering  the  name  of  Campbkton  to  Fayetteir'ule.     />.   108. 

■J.  rT7HEREAS  the  perfons  by  the  fiid  act  appointed  have  furveyed  and  laid  off  fix  principal  ftreets  and  twe 
VV  fquares  in  the  (aid  town,  as  by  a  plaji  thereof  returned  to  the  iaftfeflion  of  Ailembly  and  lodged  in  the  fecre- 

tary'*  office  will  more  fully  appear  ; 

II.  Be  it  (nailed,  I y  the  General  Affembly  of the  State  of 'North- Carolina,  and-Jt  is  hereby  enaclcd,  by  the  authority  of 
ikeffame,  that  the  faid  principal  ftreets  and  fquares  fhall  be  confirmed  and  eftabhfhed  agreeable  to  the  faid  plan,  and 
hereby  they  are  confirmed  and  eftablilhed. 

III.  And  be  it  further  enacled.  by  the  authority  eftrefaid,  that  all  power  and  authority  by  the  faid  recited  aft  given 
to  the  commifnoners  that  hath  either  no:  been  en.orced  or  hath  been  fufpended,  fhall  i'uecced  to  the  director*  cholen 
by  the  inhabitants  of  the  laid  town  on  the  lirft  day  of  January  laft,  and  their  liicceflors  in  office,  together  with  the 
authority  by  the  f.iid  ait  granted  to  the  laid  d'reftors  as  a  body  corporate. 

IV.  And  ke  it  further  enacled,  by  the  authority  aforefaid,  that  any  perfon  or  perlons  convicted  before  the  faid  di- 
rectors of  obftrufting  the  faid  principal  ftreets  or  fquares,  by  erecting  new  works  on  any  part  thereof  contrary  to  the  a. 
bays  recited  aft  or  permitting  Oj'd  works  to  remnn  therein  a  longer  time  than  limited  by  the  commiffioriers  in  their 
report  filed  in  the  fecretary's  office  with  the  faid  plan,  or  hereafter  to  be  limited  by  the  faid  director*  fhall  by  the 
«*j_..i:cnt  of  the  laid  directors  remove  the  fame  at  his  or  their  own  expence;  and  for  any  conten  pt  ot  the  laid  judg- 


mint  every  perfbrt  *r  perfors  fo  offending  flu!!  forfeit  the  funs  of  five  pounds  for  every  month  Ii«  or  they  fhall  fuller 
fuch  works  or  bir.'.din^s  to  remain  after  beaig  uatfced  .>y  the  directors  to  remove  ths  fame.  /<W  it  \s  enafled^  tljat  all 
f  jr. e. lures  in  coiif-qu:-r.ce  of  fuch  contemp:  Eha!!  be  veiled  in  tbe  corpor-ttio:i  oi  directors  for  the  ufe  of  the  laid  town* 
V.  Anibe  itfuriber  enailed,  by  the  authority  afore  aid,  thfiS  a!!  former ftreets,  road^  and  pafiages  in  the  laid  town 
no:  interfering  with  the  beauty  anJ  regularity  of  tbe  princpal  ffreets  and  fqunres  iforelaid,  a^reabl"  to  the  plan 
thereof  fhali  remain  in  their  prelent  fituation.  Provided,  that  it  ihal!  and  may  be  lawful  for  the  laid  directors  ti  lay 
ofi  lu-h  new  ftreets  as  to  them  may  leeai  inofl  coaf  Hlnable  to  regularity  and  co.ivenience,  which  laid  ftreets  (hall  nit-J 
he  lefs  than  fifty  feet  in  breadth  ;  and  the  laid  frr  etso.i  being  lo  laid  oil"  are  hereby  declared  fubject  to  the  fame  ruks 
-and  reguktitns  with. the  principal  itreets  in  the  laid  cowa. 


Chap.  XXXIH.  An  aftfr  the  mfpe&hn  »f  tol>mccoin  the  tovjn  o/~Hi!lft>orcuob. 
I,    CT  7HEREASi_imy.be  beaencul  to  the  p.  an  ten  of  tobacco  i.i  u.e  weftem  parts  of  this  ilate  that  an   infpeftion  oi 
VV    that  co  nmodtty  be  eftabiilhid  in  the  to.vu  of  HUtfbortMgh.  . 

II.   Beit  therefor*  enacled hy  the  General  Af-mbly  of  the  State  0/  North  Carolina,  and  it  is  hereby  enaSed  by  the  tiu'ho- 
lulv  of  the  fane,   that,  the  county  court  of  dtmnge  'hall  annually  appoint  two  difcreet  and  careful  inen,  well   acquainted 
>vith  the  nature  and  qualities  at  tobacco  to   be  infpectors  thereof  who  mall    take  the  fame  oath,   be    fuhject    to   the. 
fame  rule*,  regulanoas  and  reii.i&ons,   to  which  inibeftor.  of  tobacco  are  fubject  by  an  aft  ot  the  General  AfTembly 
palled  at. Halifax  in  the  year  one  thoufand  leven  hu.idred  and  feven  ty  feven,  .milled,  an  a.l  to  ame,id  the  Jiapl;  of  is-  ■ 
bacco,  and  prevent  fraud;.     N.  C.  Li  2,   1777,   **i   3.7- 

Iil.  And  be  it further  enaffd,  fry  tbeauiio'ij  aft  ejk  .,  that  theinfpeclo'rs  fo  appom.ed  fb  ill  nave  and  receive  of 
the  owners  ot  tooaccothe  fu  .1  of  eich;  (hillings  for  each  and  every  hogiiiead,  and  the  film  of  one  fhiiling  for  each  an<i 
every  hundred  wei^h?  of  tramier  tobacco  by  them  inlpefted,  in  tall  hi  thnr  trouble,  fiuding  naiis,  prifing  and  every 
taing  ntCelfary  tnereto. 


I  7  And  b-  it  further  ei  ,c7 A,  hy  the  authority  afore/aid,  that  ?11  tobacco  fo  mfpefted  Jhall  be  held  and  deemed  mer»- 
dij  uaole  tobacci  as  it  ;  tie  fame  had  been  infpefted  at  any  other  infpection  in  this  (late.  Provided,  that  nothing  here- 
in cpotiined  lhall  extend  ot  be  corttrued  to  extend  to  prevent  the  reinfpeftion  of  a  :y  tobacco  infpefted  at  HiUJbor'ouph 
agreeable  to  this  act,  by  themfpeftors  lawfully  appointed  at  any  mfpeaioi.  heretofore  eftab.ifhed  by  law  to  width  it 
ihd  or  may  be  carried  ior  exportation  if  it  (hall  appear  that  the  tobacco  fo  infpefted  has  been  roiled  cr  ocherwiie  da-  • 
taaged  in  irs  paifajje  from  the  *  are  houfe  at  Hittjborwgb  to  the  pot  t  where  it  may  be  1  (.-ceiled.  And  Provid.d  alio,  that 
no  tobacco  infpefted  at  faid  ware  haute  lhall  be  held  or  deemed  a  lawful  tender,  or  payment  of  any  u  bacco  contract 
heretofore  made,  u_ud    reimpefted  at  fome  other  ware  houfe  ;  any  law  10  the  contrary  not\»ith_.a:.ding. 

Chap.  XXXIV.  AnaB  to  remove  all  difabilities  from  Simon  Clearv,  and  others  therein  named. 
I.  Kit  THESE  V>  Timothy  Cleary  (ochenrife  dear)  late  oMne  town  ot  Nr^bern  deceaied,  dejjarted  this  life  on  orr 
VV  about  tfle  momhof  September,  in  the  ytsrof  our  Lord  one  thoufand  feven  liundred  and  teventy  fire,  with. 
e-nt  iiTu^,  riofTefled  of  a  corifiderahle  re  il  and  i^rfon  it  elta-e,  ttie  real  eltate  defcending  to  his  el  Jell  brother  and  heir  at 
]a/v  Si'mn  Cliary,  and  'iiep  rfonaleftaiie  after  deducti  l^the  diitrburive  Ih  ire  of  Lhe  widow  to  the  fiid  Simon  CLarv3, 
Patrick  Cleary,  Eflhir  Bectti  widow,  other  wile  Cleary,  Thoitas  Connor  aid  MargareLhxs  wife  otherwile  Cleary  f  and 
Ma'-y  Cle*ryf  tingie  Aoman,  brothers  and  filters  of  the  faid  Timothy  ;  ar.d  whereas  the  fa  d  brothers  and  litters  ot  the 
d'eceafed,  ivere  i-.mabitants  >if  ttie  kingdom  ot  Ireland  and  other  parts  without  tt:e  limits  of  the  United  States  by  reatoa 
ef  '.  bich  the  curatnillion'errof  cbnfifcated cfiates for  the  county  of  Craven-have  ftized  and  fjld  the  greater!  part  of  tha 
laid  eftate  which  formerly,  belonged  10  the  ta:d  Simon  Cleary,  Patrick  Cleary y  E/;h  r  Be,  tie,  Thomas  Comior  and  Alar* 
g'-ifet  his  wife,  an  1  M  -ry  Cleary  ;  the  laid  Si?mnt  Patrick,  EfFker?'- Margaret  and  Mary,  r or  any  of  them,  not  ao. 
pearing  »  tiie  firfl  General  Afletnbly  vihich  was  held  alter  the  fir.lt  day. of  OeTober,  one  thoufand  ieven  hundred  and 
Teventy  eight,  agresably  to  an  aft  commonly  c2Hed  the  confiscation  ac^,  pjtfe  i  in  D'-e^nber-  one  thouland  feveu  huo- 
iteA  a  id  'eventy  feven:  and  whereas  the fala Palttck  Clear v  hath  applied  to  thfsprefent  General  Aficmbiy  and  offered 
teltimoniafs  to  induce  a  bchtf  that  he  hathmade  itveral  attempts  to  come  to  this  fhue  curing  the  war,  properly  im* 
pawered  by  his  brothers  and  utters  ;  the  firtt  of  which  attpnrcts  appears  to  be  on  or  about  trie  latter  end  of  the  year 
on;  thouiand  Ieven  hundred  and  fevenry  fix,  but  wateach  and  every  time  unfortunately  t^keu  by  privateers  :  ntd 
wbcreaj  the  Genera!  AfTembly  have  refiulted  that  the  feveral  claim  mts  cf  the  eftate  of  rbe  faid  Timothy  are  entitled  to 
relet,  and  hdVe  voted  that  they  fhall  recei.e  out  of  the  public  trearur?,  'he  amount  of  the  fdes  of  the  faid  eftate,  and 
it  is  necefl'ary  that  they  fnould  be  further  relieved  by  enabling  them  or  fome  of  them  'o  commence  an  afticn  or  actions, 
for  the  recovery  of  fuch  part  ot  the  eftate  as  hath  not  been  lold,  and  the  rents,  ifTues  and  pi  of.ts  thereof,  ar.d  of  luch 
thm^s  in  action,  if  a  iv,   a;  nav  be  in  tbe  han  is  of  injiv  duals. 

II  Bf  it  therefore  cnacJ-d,  by  the  G  nral  Afemliy  :f  the  C-tate  o/'^crth  Carolina,  and'.'.is  htrtby  emailed,   ly  treeu* 
t'r,ri!v  of the  fame,  that  it  ihd!  and  may  be  h.vtul  tor  the  f.!:d    Patrick  CiiS'y  to  fue  lor  and  ootain  letters  of  adtniiiifi 
tratioh  an  the  perfonal  eftate  of  his  decealel  broher,  uoad.ninitlered    by  fames  Cccr,  John  tiorjiki  and  Dav  d  Barroir, 
and  the  f  irvivors  of  them,  and  as  adminttraicr  to  commence  ;  nu   profecute    fuch 'uit  and 'f nits'   as  maybe  nec«fl":iry- 
*od  u  tiio  Qjuaeo^.tiieliud  Him'M  Clear/,  other  the  heir  or  her*  at  uwol  the  l*id  Ttir.itiy,  to  commuK?  jed  f;o;s^- 

U  % 


146 

cute  tc  fina\  judgment  anv  fuit  or  fuits  either  in  law  or  equity  \vhnfS  mny  Vis-   necettary  for  the  recovery  of  any  cf  the 
real  eftate  wnich  was  ot  laid  Timothy  Char,  any  law    o  tne  contrary  notwitbllanumg. 


Chaf.  XX36V".  An  af}  to  amend  i<;\  iM ,  intitled,  An  aft  for  eitabli filing  a  town  in  Jcnes  county,  p.    ii"].  alfo  one  other 

ail,  intitled,  an  act  for  dividing  Ct  aven  county  into  two  diftinft  counties,  and  lor  other  pnrpofes  therein  rilen'ioned. 
J.    \%7HhiftEAS  by  the  laft  recited  aft  tne  conimiffioners  appointed  for  erefting  the  puolic  buildings  ot  Jones  county 
*  *     did  aoreeabie  to  faid  aftpu.  chafe  five  acres  of  land  for  the  purposes  afoieiaid,  which  laid  five  acres  of  land  are 
more  than  found  necefl'ary  for  the  public  build:ngs  of  faid  county,  and  are  in  the  molt  valuable  part  in  the  town  of 
Trenton;      jN.   C.   L.    1,   1779.    18,   372- 

II.  Be  it  therefore  enailcu,  by  the  General  Affembly,  and  by  the  authority  of  the  fame,  thit  the  dirrc"tors  or  truftees 
appointed  by  the  fir  ft  recited  aft  for  eihbhlhing  a  town  in  Jones  comity,  and  their.  iuccelTors,  lhall  fbmd  feized  of  a 
iridefealrble  cftire  in  fee  fi.nple  of  the  faid  five  acres  of  land,  and  caufe  the  fame  to  be  divided  into  half  acre  lots,  num- 
bered and  inferted  in  the  plan  ot  faid  town,  and  take  fahfcrlptions  for  the  lame  ;  and  the  faid  direftors  or  &  majority 
of  them  lhall  execute  deeds  of  conveyances  under  the  fame  rules,  regulations  and  reftnftions,  as  is  directed  by  the 
before-recited  aft,  and  the  money  aiii'mg  from  fuch  faieihall  be  applied  towards  funiJiing  the  public  buildings  of  faid 
county. 

III.  And  he  it  further  enac7ed,  by  the  authority  afore) 'aid,  that  the  Jnfrices  of  the  faid  county  of  Jones,  or  a  majority 
ef  them  lhall  make  choice  of  any  one  lot  within  the  faid  town  that  1  Key  lhall  think  pioft eunv'ei.utnt  for  the  lble  purpole 
of  erecting  a  gaol  thereon,  for  the  uie  of  the  faid  county  ;   and  the  lot  fo  chpfen  (hall  be  and  is  hereby    veiled  in    the 

Tullices  of  laid  county  of  Jortes,  and  their  fuiceliurs  in  oince, -for  the  rurpoie  aforela.d  ;  and  the  truliees  and  direct-, 
ors  of  the  faid  town  are  hereby  dsclared  to  ha^e  no  power  to  convey  the  faid  lot  to  anv  perJon,  or  for  any  other  ufe 
wbatfoever  ;  any  thing  in  the  before -recited  afts  to  the  contrary  notwithftanding. 

IV.  And  he  it  further  ensiled,  by  the  Authority  afire/aid,  that  the  direftors  and  truftees  for  the  time  beir-.g,  or  a  ma- 
jority of  the  11,  lhall  and  are  hereby  impowered  to  ui  ,k.o  any  order  they  may  think  pioper  for  opening  ftreets,  prevent- 
ing  mortar,  clay  or  wooden  chimn'eyj  being  bddc,  and  pulling  don'n  inch  a:  are  alr-^aey  built,  if  judged  bv  them  10  be 
anuilar.ee,  for  obliging  ail  pe"rfons  to  clear  tne  ftreets  before  their  houfes,  and  for  ai;  o:her  thing.-  tor  the  good  aid 
.iafetv  of  the  faid  town  and  tiie  proj  si  r»ga!at'Oii  of  it,  -canilftept  with  the  laws  of  this  date,  and  to  enforce  fuch  order* 
by  layiiiga  fine  not  exceeding  live  pownds,  on  all  psrfons'neglefting  or  refuting  to  comply  therewith,  to  be  levied  by 
a  warrant  Irom  fuch  direftot  s  and  tru  teeo,  and  file  ot  the  offender's  goods  in  the  lame  manner  a--  goods  are  lawfully 
iold  for  the  payment  of  I'm  all  debts,  and  the  money  applied  to  the  uie  and  benefit  of  the  faid  town. 


Chap.  XXXVI.  Anafl  to  ejlubljh:the  town  of 'Morgan,  an  I  to  direH  the  build-  rg  a  court -ioufe  and  pr}[on  in  the fame ,  ft^r 

the  dijirici  o/Mcrga'n. 
I.  TT  7HEREAS  the  commiflioners  appointed  by  a  late  aft  of  Afi'embly  have  put  chafed  two  hundred  and  thirty  a- 
V V  cres  of  land  in  Burke  county  for  a  town  a:.d  town  common,  at  a  place  called  tht  Aldr  Spi  ings,  and  have  laid 
off  twelve  lets  of  twelve  rods  fquare,  and  forty  twolots  1x  rods  in  front  and  twelve  rods  back,  with  two  main  ftreets 
fix  rod;  wide  ;  and  have  referved  four  lots  of  twelve  rods  fquirc  for  the  faid  public  buildings,  and  for  the  convenience 
of  water  agreeable  to  a  plan  herewith  prclcnted  to  this  Genera)  Affembly  ; 

II.  B:  it  there/ore  enaclcd,  by  the  Affembly  0/  the  Jt ate  of  North  Carolina,  and  il  is  hereby  aw  fled,  by  the  authority  of 
the  fame  .•  that  the  laid  two  hundred  a.;d  thirty  acres  of  land  lhall  be,  and  the  fame  13  hereby  eftabljihed  a  town  by  the 
name  of  Morgan,  agreeable  to  the  faid  plan. 

JII.  And  be  it  further  enaftid,  by  the  authority  af or efaid,  that  the  laid  four  lots  of  twelve  rods  fquare  referved  for  the 
public  buildings,   and  for  the  convenience  of  water,  (hall  be  and  remain  public  property  for  the  iame tiles  tor  ever. 

\V.  And  it  any  private  perfon  lhall  for  his  own  uie,  build,  place  or  make  on  any  part  of  the  faid  four  lots,  or  in 
the  ftreets  of  the  faid  town,  any  houie,  cabbm,  liable,  or  other  obllruttion,  the  comhiiiTioiiers  ot  the  faid  town  here- 
after appointed,  and  their  fucceflbrs,  (hall  have  full  power  and  authority  to  pull  down,  deftroy  and  remove  the  fame 
houfes,  cabbins,  Itables  and  obttrnctions,  fo  raifed  or  made. 

V-  And  he  it further  ejected,  by  the  authority  oj 'ore/aid,  that  General  M'Dowell,  John  Blanton  and  Alexander  Irwin, 
he  and  they  are  hereby  appointed  cammhTioners  of  the  laid  tow  not  Morgan,  and  they  ate  hereby  impowered  and  di- 
rected to  fell  out  the  faid  lands  in  lots,  thirteen  adjoining  and  neareft  the  court  houfe  fquare  at  ten  poundj  each,  and 
the  remainder  in  proportion  ;  and  out  of  the  monies  arifingfro'.r  the  fales  firlt  pay  forty  pounds,  being  the  purchale 
money  for  the  faid  lands  ;  and  the  remainder  thereof  apply  tow  ards  building  a  court-houle  and  prifon  for  the  faid  dif- 
trift  ot  Morgan  on  the  lots  relerved  for  that  purpole  ;  andthe  faid  conimiffioners  are  hereby  impowered  to  demand 
and  receive  the  taxes  collected,  and  which  fhall  be  collected  in  the  diflrift  of  Morgan,  for  building  the  laid  cqurt-houfe 
and  priion,  and  are  hereby  fully  impowered  to  apply  the  faid  monies  to  the  purpofes  aforelaid,  and  to  let  out  the 
m  hole  or  any  part  of  the  wot k  at  public  auction  to  the  loweft  bidcer  or  by  private  tontraft,  and  to  make  all  and  eyery 
other  contract  for  work  and  materials  that  lhall  be  neceflary  to  carry  oti  the  faid  buildings  with  difpatch. 


H? 

Chap.  XL.  An  oft  for  irrifeiveritig  the  ttmmlfjioiieiu  of  public  buildings,  in  Hkden  county  to  /<  /.'  the  public  kts  refervcdfor 

/lid  bntldings',  to  purest  fe  other*  and  build  the  cow  t-bwj'e  on  tbeftreet,  if  more  eligible  in  their  opinion. 
J.    -r  -jr  Tf-lEftEAS  the  lots  re  trveti  in  the  town  ol  Elizabeth  lor  erecting  the  court-home  and  other  public  buildings  on 
W    afe  inconveniently  fi  uaccd,  and  by  no  :;  eans  agreeable  to  the  willies  of  the  inhabi.  ants  of  me  laid  county  ; 

II.  Be  it  frci  efore  ena£fedt  ty  the  Gtpiervl  Affembly  of  tht  State  of  Ncrth  Carolina,  undit  is  hereby  cnailea,  by  the  au- 
thority Jf  t  fie  fame  that  the  eominiffioners  or  ;i  majority  of  them,  v\  lio  were  heretofore  appointed  to  lupcrintei  d  ihe 
public  bui'd1rig5  of  (aid  county  oi  Bit  den,  .'.re  hereby  authcrifed  and  uKpovvered  to  lell  the  1  id  public  lots  in  the  lo,wi)  of 
Elizabeth  auct  convey  titles  in  fec-limpie  for  the  1  me  ;  and  tha:  the  fdld  ceiniiiifiiorers  fttajl  be  lurther  iinpowered  10 
purchale  Iuch  Other  lot  or  lots  as  they  or  a  majority  of  them  mail  think  proj  er,  lor  th<  purpofe  ui  erecimg  tie  laid 
public  buildings  on. 

III.  And  be  it  further  enacled,  by  the  authority  efmefaia,  that  if  the  faid  coTmiilioners  or  a  majority  of  them  (hould 
be  of  opinion  that  the  court-hoult  of  the  laid  cnui.ty  o!  Bladen  for  coiveniency  (hould  be  erected  on  a  ftreet  of  the  la.d 
town  of  Elizabeth,  men  and  in  that  cafe  it  (hail  be  lawful  lor  the  laid  court  lioule  to  (land  in  iuch  place  as  by  the  laid 
commillioncrs  or  a  majority  of  them  (hall  be  directed. 

IV.  Provided,  and  be  it  matted,  that  the  laid  commifliopei  s  (ball  pr.d  are  hereby  d'tecled  to  account  fcr  all  fuch 
monies  as  lhall  remain  m  their  hands  Ircm  the  (ale  el  laid  lots  over  ana  above  what  they  may  Jay  out  i.i  purchales  icr 
the  alorela'd  purpofes- 


Chap.XLI.  An  afl  for  removing  the  public  build'ngs  of  Mecklenburg  county  from  Charlotte  to  the  centre  of  faid  county. 
mppoinMngcommifj-.ontrs  tofndjaid  centre,  and  to/uperintend the  ereSing  a  court  houfe,  prifon  and flocks,  as  n  a,  faid 
centre  as  convenience  -will  permit,  and  uttering  the  mode  of  annual  eltclions  in  faid  cow  y. 

I.  \T  HEKEAS  the  preient  court. houle  ol  laid  county  (lards  within  ten  miles  of  Catawba riVer-j  and  within  eight 
V  V    miles  of   the  Catawba  Indians  being  the  ueltern  limits  of  faid  county,  and  upwards  of  f<  rty  miles  from  Uic 

eaftern  limits  of  .aid  county  ;  and  in  order  that  juftice  may  be  cione  to  the  inhabitauts  of  laid  county, 

II.  Be  it  therefore  en'icled,  by  the  General  /fjenibly  of  the  State  of  North-Carolina,  ana  it  is  kcrel  y  enaiied  by  tie  uu~ 
thority  of  the  fame,  that  Colp'riei  George  Alexander,  WitlStm  Matthews j  Samuel  Harris,  Zachms  llujon,  Htztkiah  $lex- 
ard-r,  Co!.  Robert  Irwin,  John  Leopard .  fumes  her.:  y  and  Martin  Phifcr,  jun.  b  aw  they  .re  hereby  appointed  com- 
rr.iffioners  to  make  an  accurate  furvey  olli.cl  tounty,  and  in  ca:e  laid  centre  lhcu'd  oe  tctmd  tot  to  exceed  (.even  miles 
from  Charlotte  this  ait  is  to  be  void  and  of  no  effect,  but  if  laid  centre  (hould  exceed  feven  miles  from  Charlotte,  Jaidcom- 
miliioners  are  authorized  to  purchale  louracres  o;  land  in  the  molt  convenient  place  not  exceeding  ene  mile  from  the  faid 
centre,  for  the  purpose  of  erecting  the  laid  public  buildings  thereon  ;  and  the  laidcemmifficiifr  ate  hereby  inipowered 
and  direclec!  to  agree  and  contrail  with  workmen  tor  erecting,  building  and  finjlhing  a  court  noiile,  pnlbn  and  flocks 
fcr  the  life  of  the  laid  county  of  Mecklenburg,  at  iuch  place  as  a  majority  of  laid  cemniiffiuners  lhall  agree  upon  It' 
Bjited  asa<orefaid<. 

III.  Obfolei:. 

IV.  And  be  it  further  enacled,  by  tit  authority  afnrefaid.  that  faid  commifrioners  are  hereby  inipowered  and  r?qui- 
red  to  ell  on  the  (tray  mailer  of  laid  county  to  fe?tle  with  and  pay  into  the  hands  of  laid  comnmlioners  all  the  mo.,ies 
that  may  be  in  the  hands  of  the  faid  ltray  mafter  by  vinue  of  his  office  as  ltray  malter,  an  account  of  which  monies 
faid  ltray  mailer  Hull  render  on  oath  to  the  faid  commiffioners,  together  with  all  obligations  for  money  in  confrqurrce 
of  his  office,  to  be  applied  by  faid  commillioncrs  towards  defraying  the  expence  of  faid  buildings  ;  and  in  cafe  faid  llrav 
mailer  after  twenty  days  prev.ous  notice,  fhuuld  negledt  or  retule  to  comply  cvith  the  reqtiifitions  of  this  acl  h<  \\  j][ 
forteic  ar d  pay  unto  the  laid  comnriflioners  the  f'um  of  five  hundred  pounds,  to  be  recovered  by  aclion  of  debt  before 
any  jurildiclson  having  cognizance  thereof,  any  law  to  the  contrary  netwithftanding. 

V.  And  be  it  enacl-  a,  by  the  authority  afore/aid,  that  the  Juflices  if  the  faid  county  are  hereby  required  to  adjeurn 
themtelves  to  the  new  coiirt-icule  as  Icon  as  it  may  he  fit  for  their  reception  j  ard  that  -rti".  «nd  aftei  the  palling  of  this 
act  the  annual  elections  for  repre'entatives  in  General  Afiembly  (hall  be  held  at  the  place  appointedby  laid  coinmiffioiU 
«rs  for  laid  court-houfe  for  the  whole  county,  any  law  to  the  contiary  notwiihftandmg. 


Chap.  XLII.  An  ail  for  clearing  and 'opening  ihe  navigation  of  Tar  river  rfWFifhing  creek,  in  the  counties  of Pitt,  Edg* 

comb  and  Halifax. 
*'  \A/HEREAS  the  0Pen.inS  anci  bearing  Tar  river,  from  the  dividing  line  of  Beaufort  and  Pitt  counties  up  to  the 
V  V  dividing  line  ot  Pitt  and  Rdgcomb  counties,  and  from  thence  up  the  faid  river  as  far  as  the  county  court  of 
Edgccmb  fliall  think  proper  ;  and  the  la.d  Filling  creek  from  the  mouth  thereof  up  to  Un.tt\  bridge,  v  ould  render  the 
(aid  river  and  creek  ufel'ul  and  advantageous,  andw.ll  beofgrrar  utility  in  f  ranfperting  every  kind  of  produce  to  mar- 
ket, and  greatly  enhance  the  value  of  lands  in  the  faid  counties  ; 

II.  Be  it  enacled  by  the  General  Affembly  of  the  State  if  North-Carolina,  and  it   is  hereby  enacled,  by  ihe  authority  of 


148 

]y,  who  are  fefident  within  fix  miles  of  the  fald  river-  Of  creek,  and  appo'nt  fome  per(crt  in  each  of  the  faid  diftricls 
properly  qualified  as  ovexfeer  who  flu!!  caufe  all  perlons  wi'  hin  lhe  diltrici  to  him  plotted  who  are  liable  to  work  -on 
public  roads,  to  work  on  tha'  part  or  dmfion  of  the  laid  river  or  creek  which  the  court  ot  the  coumy  wherein  he  reli/Jes 
>!:;;!!  direct,  at  lealt  (is  days  in  eaci)  and  every  year,  nniefscthei  wile  directed  by  the  court,  when  they  shall  cau;e  the 
inhabitants  of  the  diltxict  to  him  allotted  as  aiorelaid  to  be  employed  in  cut  lit  g  uid  removing  all  logs,  brufh  and  o- 
ther  incumbrances,  which  obftruct  the  navigation,  ar.d  alfo  in  tutting  down  or  oihtrwile  kili  r:g_  all  Kinds,  of  tree* 
Ji  ely  to  tall  hit*  or  obllruct  the  navigation  01  the  aforelaid  river  or  crtc-k,  under  the  penalty  ot  titty  pounds  current 
money  for  failure  or  negl:cl,  to  be  recovered  and  applied  as  fine*  and  torfeitures  inc  11  red  by  overferrj  of  roads  ;  and 
•all  and  every  perfon  liable  to  work  as  uforcf nd  wlio  fhall  fail  when  nun  noned  01  warned  agreeable  to  the  cultom  in 
cafe  of  working  0.1  roads,  to  appear  with  i jch  tools  as  the  overfeer  fh  ill  din  ct  and  work  according); ,  lhall  lorlch  and 
pay  the  fum  of[ten  fliiliingseach  day  he  llia.il  tail  or  neglect,  to  be  recovered  anu  a,p!itu  as  tints  for  lading  to  appear 
and  work  on  pu'ilic  roads. 

ill.  And  in  order  to  keep  the  navigati-on  of  the  ft  id  river  and  creek  open,  be  it  eatrdjfed,  that  in  cafe  any  perfon 
Jhall  fa"  any  tree,  or  make  any  hedge  in  or  acrols  toe  faid  river  or  creek,  or  oiherwile  ol.ftruti  the  navigation  there- 
of, Hull  for  every  fucti  offence,  being  thereof  convicted  before  any  Juliice  of  the  Peace  of  the  county  wherein  the  ol"» 
fence  fliall  be  committed,  forfeit  and  pay  the  fu.n  of  ~  five  pounds  ciurem  money,  and  be  obliged  to  remove  the  ob- 
firuclijn  at  rheir  oun  expe.  ce,  and  fliall  be  further  liable  to  the  aclion  ot  a.  y  perfon  or  per.*is  injured  thereby  ;  and. 
if  any  negro  (lave  found  guilty  of  any  of  the  above  mentioned  orTenc  s  and  convicled  thereof,  he,  flie  or  they  by  order 
of  a  Juftiix  of  the  Peia  ihailreuive  thirty  ninelalhes  acll  laid  on  l.ia  or  her  bare  back  for  each  and  every  fuca  of?- 
fence. 


Chap.  XL1II.  An  aft  to  amtnd  at  «J7,   entitl.-d,  An  aft  for  layng  1  tax  in  the  count/  oc    Yorthtinpton    for  repair*- 

ing;  the  public  bui^di  igs  thereof,  and  to  .appoint  jnd  impower  couimifhoners  for  ihat  purpofc. 
I,  TT^IIC  LEAS  by  the  aforelaid  acl  tne  con  roi  (Turners- are  retrained  from  moving  mid  rebuilding  the  court  houfe  iu 
\  V  Northampton  county  more  than  one  ei;;h:u  ot  a  mile  from  the  place  whereon  the  court  houle  no.v  fundi,  which. 
Try  no  means  coincides  with  tUe  willies  o*  the  ipl  abitants  of  th*  'aid  county  ; 

II.   Be  it  therefore  cn.itteJ,  by  the  General  ///fembly  of  tie  State  of  North-Carolina    a*tdit  it  hereby  erased,  by  the 
atdhoriy  of  the  fume,   that  the  com  nifiio  ers  appo.nuel  bv  the  ilon  laid  act,  or  fa  eh  oi  ihem  as  lha]  agiee  to  aC"t,  may 
and  they  are  hereby  authorifed  *nd  import-red  to  concraci  foro  e  or  more  acres  ot  laud  to  re  n<>ve  tue  buildings  upon, 
'more  convenient  than  the  prelent  any  where  on  the  tract  of  land  0.1  watch  they  nO-v  itand  ;  any  thing  in   the   alore   . 
recited  act  to  the  contrary  net vvithftandmg. . 

C:JAP.  XLVI.  An  ttS  to  rcleufe  Jamie  Underwood  aid  J<  b  Ward  ffem  the  forfeit  un  of  a  recognizance  entered  into  for 
the  atpearance  of  a  certain  Daniel  Campbell,  before  trie  fupenur  court  of  Hidlboiougii  difniil,  unujrom  a  judgment 
fhi-ti  upon  the  /aid  forfeiture. 
J.^X  A"/rtE:iEAS  Jam;  Underwitd  and  Job  Ward  were  bound    bj  a  recognizance    for  the    appearance  of  a  certain 
VV   Daniel  tampbeh  before  the  luperiur.court  of  f/ilf/borougB  diii.ia,  to  antwer  certain  t  ealonable  charges  thcic 
to  be  enh  bite  I  againlt  him,  and  by  the  faiiure  oi't.ie  faid  CanpbeUio  appe^-  .c  ordhij;  to  the  laid  recognizance  v-'icT 
the  faid  court,  judgment  has  been  given  againlt  tlum  foi  tne  ium  oi  five  hundred  pou  d-,  and   their  rfi'ects  are  now 
liable  to  be  l'cld  to  lati  )y  the  fajd  jodgment  }  and  whereas  it  is  reprefetjied    to  this  General  Aflembly   that    the   fj,d 
"James  Underwood  and  Jt)b  Ward  are  in  very  indigent  c:rcamltances,  and  that  the  txeeu.ion  of  the    faid  judgment   wili 
jeduce  them  and  their  families  to  very  ^reat  diitrei's  ; 

II.  Dejt  therefore  enail^d,  by  the  General  .{f-nih'yoftheStj'eof'^onh-CaroWri-,  aid  it  is  hereby  enabled,  by  the  an. 
thority  of  the  fa  ne,  that  the  faid  James  Und.-riuo'jd  aid  Job  Ward  be  and  ih  y  are  hereby  re'eafed  and  fully  and  entire- 
Jy  dii'charocd  Iroai  the  forfeiture  and  judgment  aforefaid,  in  tae  iamt  uiaaneT  as  if  the  faid  lorft.iture  had  nerer  hap- 


mrd. 


149 

jo  .h-i  the  children  in  Tome  mcalure  are  left  deftiturr,  and  feveral  fuits  have 'bsen  commenced  agalnft  the  eftate  o(  Uic 
faid  J  homai  Bogg,  which  ma)  tend  to  impov  h  his  children,  uniefs  the  Lid  trnftee  fhouid  ne  impowered  to  fue  in 
his  own  name  t  jr  the  debts  ai.d  o  i  i ;  •-     '.■■•■.  .    \  action  \v;:;c'i  vere  01  the  ia:d  7  i.-omus  Bo^g. 

II,  Be  it  therefore  enacted,  by  the  Lie,.;  Ufembh,  ana  by  the  authority  thereof,  that  it  ihall  and  may  be  lawful  fcr 
the  f aid  Benjamin  Blount,  his  execn  01  s  arh  adniinillrators,  to  militute  a  (bit  or  fuits  in  his  or  their  own  name  or 
as  truttees  of  the  fame  7ho->itti  B'.gg,  again  £1  every  ptri'on  or  perfons  indebted  to  or  having  any  of  the  effefts  of 
faul  Thomas  Bogg  in  pefftdion,  or  having  converted  the  fane  to  his  or  their  o.vn  ufe,  and  to  obtain  judgment  againft 
Juch  perfon  or  perfbns  for  the  ufe  ol  the  children  of  the  faid  Thomas  Bogg,  in  the  iame  manner  as  he  the  laid  Thomas 
Bogg  might  have  done  previous  to  the  revolution  in  government,  on  giving  bond  and  fecurity  to  the  county  court-af 
Tyrre  1  filch  fum  as  the  Juttices  mail  require  for  the  due  and  faithful  application  of  Inch  amounts  as  he  (hall  recover  :o 
the  bona  fide  creditors  of  tue  faid  Thorn  a*  Bogg,  and  the  uie  and  ufes  of  his  children  and  no  others,  a  nj  law  or  ufage  to* 
the  contrary  notwithstanding. 

Chap.  XLVJII.  An  a£l  to  fecure  the  -property  (//"Elizabeth  Bonner,  in  Beaufort  county,  in  the  hands  of  truftees. 
I,    11  THERE AS  Elizabeth  Bonner  in  Beaufort  county,   being  of  la  vful  age  bur  of  week   mind  and   undei  Handing, 
VV  •  and  hjving  fome  property  given  to  her  by  the  will  of  her  hte  lather  Thomas  Bonner,  deceafed,  and  being  li- 
able to  feduction  by  defigning  p^rfonj  for  want  of  a  proper  authority  to  controul  the  laid  Elizabeth  Bonner,  and  to  con- 
duct t  er  pivper     in  the  belt  manner  for  her  ufe  ; 

II.  Be  it  enat7.'d,by-thc  Gtiitral  Affembly  of  the  Hate  o/~N:)rth  Carolina,  and  it  is  hereby  enabled  by  the  authority  of  the 
fame,  that  Thomas  Bonner,  brother  of  the  nid  Elizabeth  Bonner,  and  only  furviving  executor  of  the  faid  Tho*    Bonner, 

dec>  and  John  Bonner,  be  and  ihey  are  hereby  appointed  uullees,  and  authoi  ifed  to  take  into  their  care  and  poffetli. 
on  all  the  interelt  and  property  of  the  faid  Elizabeth  Banner,  and  to  make  a  true  inventory  thereof,  which  inventory 
/hall  be  exhibited  in  the  county  court  of  Bepufott  upon  oath  by  the  truftees  within  fix  months  after  the  palling  of  this 
a  A  ;  and  the  faid  Elizabeth  Bonner  Uiall  be  IudjlcI:  to  the  controul  of  the  faid  truftees  ;  and  that  no  contract,  bnrgain 
or  agreement,  made  by  the  laid  Elizabeth  Bonner  with  an)  perfon  or  perlons  whatfoever  fhalL  be  binding  or  of  any 
force  without  the  approbation  orconient  ot  the  trullees  afore  laid. 

III.  And  be  it  further  enaeled,  by  the  authority  aforefaid,  that  the  Lid  truftees  fhall  render  their  accounts  of  their 
proceedings  in  truli,  to  the  county  court  of  Beaufort  annually  upon  oath,  and  the  fame  ihall  be  recorded  by  the  clerk 
in  the  orphan  book. 

IV.  And  be  it  further  enacled,  by  the  autho-ity  aforefaid,  that  the  f.iid  trutiees  before  they  (hall  pofTefs  themfelves 
of  the  property. of  the  faid  Elizabeth  Bonner,  by  v. j tue  of  this  aft,  lhail  enter  into  boiid  and  fecurity  to  the  county 
court  aforefaid,  for  the  fife  keeping  aid  proper  care  of  the  faid  eflate  to  the  full,  amount  thereof.  . 

V.  And  be.  it  further  etiaEled,  by  the  authority  afore/aid,  that  if  the  truftees  by  this  a£t  appointed  (hall  die  or  remove, 
that  then  and  in  that  cafe  fall  power  and  authority  is  hereby  inverted  in  tite  county  court  ot  Beaufort  to  appoint  other 
truftees  under  the  fame  rules  and  regulations  as  in  this  aft  directed.. 

VI.  Andbe  it  further  enaded,  by  the  authority  a  for  ej aid,  that  the  -aforefaid  truftees  fhall  furnifh  the  faid  Elizabeth 
Bonner  from  time  to  lime  and  at  all  times  fuflicient  entertainment. and  apparel  that  may  be  ihitable  to  her  fortune  and 
the  profits  thereof,  and  account  for  the  fame. 

Chap.  XLIX.  An  all  to  f<pply  the lofs  of  a  patent  for  a  certain  trad  oflandlying  in  Currituck  county  granted  to  Richard 

Cummingforth.  • 
I.  IT7HEREAS  it  is  reprefented  fo  this  General  Affembly,  that  a  grant  made  to  Richard  Cummingforth  in  the  year 
VV*  one  thoufand  dix  hundred  and  ninety  eight  for  a  certain  traft  of  land  lying  in  Currituck  county  and  bounded 
as  follows,  to  -wit,  beginning  at  a  pine  on  the  bank  head  on  the  found  fide  running  with  the  found  about  louth  twenty 
degrees  ealt  forty  feven  chains  to  Ann  Bailey's  patent  line,  thence  north  feventy  five  degrees  weft  ninety  one  and  a 
hilf  chains  with  laid  line  to  a  pine,  thence  about  north  twenty  degrees  weft  feven  ehain,  to  an  oak,  thence  fonth  fe- 
venty five  degrees  ealt  ninety  one  and  anhalf  chains  to  thetirft  ftatior  ;  which  laid  traft  of  land  contains  by  eftimation 
four  hundred  and  thirty  acres,  and  by  unavoidable  accident  is  deltroyed  or  loft,  whereby  the  title  of  the  faid  land  has 
become  precarious  ;  for  remedy  whereof, . 

II.  Beit  tnacled,  by the  General  Affembly  of 'the  State  of North-Carolina;  and it  is  hereby  ena Sled,  bythe  authority  of 
the  fame,  that  fo  much  of  the  faid  traft  of  land  as  has  been  not  conveyed  away  in  fee  fimple  by  laid  Richard  Cumming- 
forth  fhall  be  and  the  lame  is  hereby  confirmed  in  and  to  the  faid  Richard  Cummingforth  his  heirs  and  afligns  forever  as 
fully  to  all  conftruftions  and  intents  whatever,  as  the  fame  would  have  remained  had  the  faid  grant  not  been  loft 
or  deftrojred,  and  as  it  the  laid  Richard- Cummingforth  had  the  fame  now  in  his  poffeflion  ready  to  be  prcdnced  in 
defence  and  fnpport  of  his  title  to  the  laid  land  and  in  the  fame  manner  that  fo  much  of  the  laid  traft  of  land  and 
every  parcel  thereof  as  has  been  legally  conveyed  away  by  the  hid  Richard  fhall  be,  and  is  hereby  confirmed  to  the 
grantees  or  bargainees  of  the  faid  land  in  the  fame  plight  and  condition,  and  with  the  fame  quantity  of  interelt  therein 
as  is  fpecified  in  the  deed  or  deeds  granted  by  the  laid  Richat  d  Cummingforth  for  the  fame,  and  provided  that  fuch 

Pa 


15° 

deed  or  deeds  have  been  executed  and  made  with  all  the  folemnities  neceffary  inlaw  to  the  perfecting  fuch  deed  or  deeds,' 
fuch  deed  or  deeds  fhall  be  good  and indefeafible  in  law,  ana  (hall  be  deemed  to  convey  the  intereft  therein  fpecified 
in  the  fame  manner  as  if  the  grant  above  mentioned  had  never  been  loft  or  destroyed.  Provided,  that  nothing  herein 
jhail  be  conftrued  lb  as  to  extend  the  lines  contained  in  the  faid  patent,  or  to  jive  title  to  any  other  land  than  what  was 
included  in  the  old  marked  or  procellioned  lines  of  faid  patent. 

X   \ 'ear  of  Independence.     The  19th   of  November,   1785. 

•  hap.  VI.  At  additional  ail  to  amend  the  fever  al  aft  f  for  regulating  the  town  o/Wilmington,  and  t»  rrgulate  and refrain 

the  conduit  of  flaves  and  others  in  the  fall  town,  and  in  the  towns  of  Washington,  Edenton  and  Fayetteville. 
"lirrHEREAS  the  proprietors  of  the  water  lots  in  the  fouthern  end  of  the  town  of  Wilmington,  have  petitioned  this 
"™  prcfent  General  Aflembly,  fetting  forth  that  the  faid  lots,  occalioned  by  the  winding  ot  the  river,  are  of  very 
inconvenient  length,  mealuring  from  Front-ftreet  to  the  water,  where  fhorteft  about  four  hundred  and  feventy  feet, 
and  where  longeft  about  eight  hundred  and  thirty  feet,  and  praying  that  a  communication  from  South-ftreet  thi  ough 
the  laid  lots  until  it  interletts  Cnurch-ftreet,  and  as  near  to  Nun  ftreet  as  may  be  found  proper  and  convenient,  may 
be  opened  and  eftablilhed  bylaw,infuch  manner  as  will  be  molt  beneficial  to  the  owners  thereof,  and  as  the  commiflicn- 
ers  of  the  faid  town  mall  direct,  but  fo  as  that  luch  communication  lhall  not  be  lefs  than  frxty-fix  feet  wide,  And 
•whereas  it  appears  from  the  faid  petition,  that  the  original  proprietor  of  the  faid  town  of  Wilmington  interlected  the 
faid  lots  with  a  ftreet,  and  that  many  of  them  were  fold  and  difpofed  of  as  divided  by  the  laid  (Ireet,  and  it  will  be 
more  commodious  for  the  inhabitants  and  others  who  may  have  occafiou  to  tranfadc  bufmefs  in  the  faid  town  to  have 
the  communication  opened  and  eftablilhed  by  law  ; 

I.  Be  it  therefore  enabled,  by  the  General  A 'ffembly  of 'the  State  of  North-Carolina,  and  it  is  herrly  ep*8cd,  by  the  au- 
thority of  the  fame ,  that  it  (hall  and  maybe  lawful  for  the  commiliioners  of  the  (aid  town  of  Wilmington,  and  they 
are  hereby  required  to  lay  out  a  new  ftreet,  from  Scuth-ftreet  acrofs  the  water-lots  until  it  fhall  interleift  Church- 
llrcct,  and  as  near  to  Nun-ftrect  as  lhall  be  found  proper  and  convenient  ;  and  that  fuch  ftreets  fliall  be  laid  off  and 
marked  as  foon  as  the  fame  can  conveniently  be  done  after  the  palling  of  {hic  aft. 

And  whereas  after  the  faid  ftreet  (hall  be  laid  off,  moil  of  the  warer-lots  between  South-ftreet  and  Cattle  ftreet, 
■will  ftiil  continue  much  longer  than  any  other  lots  in  the  laid  town  and  it  may  be  found  convenient  to  open  a  ftreet 
through  them  near  the  river  : 

II.  Be  it  there f  re  eitaHed  by  the  authority  aforefaid,  that  the  commifiioners  ot  the  faid  town,  may  by  the  confent  of 
the  proprietors  ot  three-fourth  parts  of  the  faid  lots,  between  South-ftreet  and  Caltle-ftreet,  lay  out  and  mark  a  ftreet 
iruerlecting  the  faid  lots  near  the  water,  but  lo  as  to  leave  fufficien:  room  for  wharves  and  ware-houfes,  und  not  lefi 
than  fixty-lix  teet  for  the  width  of  luch  Itreet. 

III.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  ftreets,  and  each  of  them  to  be  laid  offand  mark- 
ed  by  virtue  of  this  act,  fhall  be  deemed  public  ftreets  ;  and  lhall  be  under  the  fame  jurisdiction,  reltrictions  and  re- 
gulations as  other  ftreets  in  the  fa>d  town  of  Wilmington  : 

And  whereas  the  railing  a  revenue  by  cafual  and  other  taxations  and  rents  will  tend  to  letTen  the  annual  tax  on  the 
inhabitants  of  the  faid  town  of  Wilmington  : 

IV.  Be  it  therefore  enacled  by  the  authority  aforefaid,  that  the  faid  commilTioners  lhall  out  of  the  public  monies  which 
lhall  from  year  to  year  be  by  them  aiTslTed  and  collected,  or  which  (hall  be  paid  to  the  town  trealurer  for  fines  or 
otherwife,  conftruct  and  erect  Rails  in  the  market  places  ;  and  that  all  perfons,  bringing  provifions  of  any  kinds,  or 
fruits,  for  fale,  fliall  pay  for  the  ule  of  the  faid  market  place  or  flail  fuch  tax  as  lhall  be  alTefled  by  the  commilfioners 
from  time  to  time  ;  which  taxes  (hall  be  rated  according  to  the  quantity  of  proviiions  and  fruits  to  be  expofed  to  Jale 
in  the  laid  market  places,  that  is  to  fay,  ftipulated  (urns  for  every  beef,  mutton  and  veal  and  fo  of  all  other  animal 
food  ;  and  ftipulated  lums  for  certain  quantities  of  fru'ts  .rid  other  vegetable  productions  to  be  paid  to  fuch  officers  as 
{hill  be  jppo'uued  to  collect  the  fame,  by  the  pet  Ions  refpectively  who  fhall  brng  fuch  provifions  and  fruits  to  the  faid 
town  for  fale,  whether  by  land  or  water.  Provided  alv) ays,  that  the  commifiioners  may  fuffer  and  permit  perfons 
bringing  provifions  and  fruits  to  market  in  boats,  to  lell  and  difpole  of  the  fame  at  any  public  or  private  wharf,  with 
the  confent  ot  the  owner  thereof  ;  and  perfons  bringing  fuch  by  land  to  fell  the  fame  (butcher's  meat  excepted)  from 
their  carts  contiguous  to  the  marketplace. 

V.  /nd  be  it  further  enuflrd,  by  the  authority  e'ercfaid,  that  it  fliall  and  may  be  lawful  for  thecommiflioners  of  the 
faid  towns  and  they  are  hereby  required  as  foon  as  their  funds  will  permit,  to  build  cellars  under  their  market  places 
or  other  public  buildings  in  the  faid  town,  where  the  elevation  of  tne  ground  will  permit  Inch  cellars  to  be  funk  of  a 
proper  depth  ;   and  luch  cellars  to  rent  out  from  lime  to  time  for  the  benefit  of  the  faid  town. 

And  whereas  it  is  cuftomary  for  many  perlons,  as  well  in  the  country  as  in  the  t'everal  towns  in  this  ftate,  to  per- 
mit their  flaves  to  hire  themfeives  oct  from  day  to  day,  by  which  great  profits  aie  acquired,  and  it  is  reasonable  that 
thofe  perfons  who  derive  fuch  advantages  from  the  labour  of  their  flaves  in  the  towns  Ihould  contribute  more  than  the 
nrchnary'T.TXvs  towsrtk  its  ftippc-rr,  and  at  the  fame  ti-.ne  that  a  distinction  Ihould  be  made  between  fuch  flaves  as  may 
he  returned  a«  taxable  prop  rty  in  the  fuid  towns  refpectively,  and  fuch  whole  owaersreficUj  in  the  country,  and  re- 


«5* 

wn  tWir  taxable  property  there,  although  part  of  their  flaves  generally  work  in  the  towns.     And  whereas  permit- 
ting (laves  to  hire  themfelves  under  proper  reftrictions  a»d  regulations,  may  be  rendered  convenient  for  fuch  perfons 

»s  may  occasionally  want  daily  labourers  : 

VI.  Be  it  therefore  enaflei  by  the  authority  aforefaid,  that  from  and  after  the  firft  day  of  May  next,  it  fhall  not  be 
lawful  for  any  flave  in  the  towns  of  Wilmington,  Waftnrgton,  Eder.ttn,  or  Fayetteville,  to  hire  her  or  himielf  out, 
without  firft  producing  a  permiffion  in  writing  from  the  owner,  or  other  perfons  having  the  care  or  management  of 
fuch  flave,  directed  to  the  commiflioners,  truftees  or  directors  of  the  town  where  fuch  flave  fhall  be  ;  who  there- 
upon fhall  caufe  the  faid  pcrmilfion  to  be  entered  by  the  town  e'erk  in  their  books  »nd  filed,  for  which  the  owner  of 
the  flave  fhall  pay  a  fee  ot  one  fhilling  \  and  the  commiflioners  fhall  caufe  a  leaden  or  pewter  badge  to  be  affixed  to 
feme  corrfpicuouspart  of  the  outer  garment  of  fuch  flave  with  a  device,  which  may  be  altered  from  time  to  time,  ex- 
preffive  of  the  intention  of  luch  badge  ;  and  every  flave  having  a  badge  in  manner  by  this  aft  directed,  may  hiie  him 
or  herfelf  out,  and  may  lawfully  be  hired  by  any  perfon  or  perfons  whatever. 

VII.  And  be  it  enaflea  by  the  authority  aforefaid,  that  for  all  (laves  who  fhall  hare  badges  as  above  directed,  and  wh» 
fhall  be  town  taxables,  there  fhall  be  paid  as  follows,  to  wit  :  for  every  male  (lave  being  a  tradefinan  there  fhal!  be 
paid  yearly  to  the  commiflioners,  truftees  or  directors  the  fum  of  fixteeu  (hillings  ;  for  every  male  (lave  not  bt-ing  a 
tradefman  the  fum  of  ten  (hillings,  and  for  every  fema'e  (lave  the  fum  ot  eight  (hillings  ,  but  if  any  (laves  having 
fech  badges  fhall  l.ot  bereturned  as  town  taxables,  then  there  fhall  be  paid  for  every  male  (lave  being  a  tradefman 
twenty  ft nr  ftnllir.-gs;  for  every  male  flave  not  being  a  tradefman  the  lum  oi  fifteen  (hillings,  and  for  every  female 
flave  twelve  (hillings,  to  be  applied  as  other  taxes  afleffed  and  collected  in  the  faid  towns. 

And  that  the  taxes  upon  Haves  having  badges  may  be  more  eafily  collected  and  all  fraud  and  evaGon  prevent- 
ed: 

VIII.  Beit  enafled,  -by -tire  authority  afrefaid,  that  the  taxes  impofed  by  this  act  on  flaves  who  fhall  be  returned  ai 
town  taxables,  fhall  be  paid  and  collected  in  the  fame  manner  as  other  town  taxes  ;  and  that  the  taxes  impofed  on 
fuch  flaves  as  ma\  not  be  returned  as  town  taxables,  (ball  be  paid  or  fecured  to  be  paid,  to  the  fatisfaclion  cf  the 
-commiflioners,  truftees  or  directors,  on  or  before  the  firft  day  of  July  in  every  year,  before  any  badge  fhall  be  by  them 

granted  as  aforefaid. 

And  whereas  there  are  mary  flaves  in  the  faid  towns,  who  contrary  to  law  hxve  houfes  of  their  own,  cr  are  per- 
mitted to  refide  in  tie  out  houfes  or  kitchens  of  divers-of  the  inhabitants,  or  in  the  houfes  of  the  free  negroes,  mulat- 
toes,  perfors  o(  mixed  b'ood  and  others,  and  work  and  labour  for  themfelves  in  fcveral  trades  and  occupations,  fti- 
pulating  to  pay  their  owners  fuch  daily,  v,  eekly  or  monthly  wages  as  (hall  be  demanded  of  them;  by  reafon  of 
which  robberies  and  frauds  frequently  happen,  fervants  are  corrupted,  and  the  poor  white  inhabitants  are  deprived, 
of  the  means  of  earning  their  fubfiftence  by  labour  :  for  remedy  whereof, 

IX.  Be  it  enafied,  by  the  authority  aforej-aid,  that  no  flave  (hall  be  permitted  to  exercife  any  trade  or  occupation  in 
the  faid  towns  refpectively  without  a  certificate  from  the  owner,  or  other  perions  having  the  care  or  management 
thereof,  directed  as  aforefaid,  or  without  fuch  badge  as  fhall  be  given  to  flaves  permitted  to  hire  themfelves ;  and  all 
Caves  permitted  to  exercife  any  trade  or  occupation  as  aforefaid,  fhall  be  fubject  to  pay  the  fame  tax  as  flaves  who  are 
not  returned  as  taxable  property  in  the  towns  aforefaid,  and  to  be  paid  or  fecured  in  manner  as  before  directed. 
Provided  always,  that. nothing  herein  contained,  fhall  extend  or  be  conftrued  to  extend  to  prohibit  any  perfon  or  per- 
fons refidingin  the  faid  towns  refpectively,  from  hiring  out  their  .flaves,  or  in  employing  fuch  flaves  iii  exercifing  a- 
ny  trade  or  occupation  under  the  immediate  direction  of  their  owners  refiding  in  the  faid  town,  fo  that  fuch  (lave  or 
flaves  be  not  permitted  to  receive  the  wages  contracted  for,  nor  the  value  of  any  article  manufactured  or  made,  cr 
the  work  and  labour  done,  but  in  all  fuch  cafes  the  owner  or  other  perfon  having  the  care  of  flaves,  fhall  make  the 
contract  and  receive  the  monies  arifing  therefrom. 

And  in  order  to  difcriminate  between  free  negroes,  mulattoes  and  other  perfons  of  mixed  blood,  and  flaves  ; 

X.  Be  it  enabled  by  the  authority  afrefaid,  that  all  perfons  of  the  above  mentioned  description,  who  are  or  fhall  be. 
free,  fhall  on  or  before  the  faid  fit  ft  day  of  Mav  next,  spply  to  the  GommifEoners,  truftees  or  directors  of  the  ref- 
pective  towns  aforefaid,  in  order  to  have  their  names  regiftered  ;  and  every  fuch  perfon  coming  into  the  faid  towns 
refpectively  to  refide,  fhall  within  three  days  after  their  arrival  make  the  like  application  ;  and  the  commiflioners, 
truftees  or  directors  are  hereby  authorifed  and  required  to  give  every  fuch  free  perfon  a  badge  of  cloth,  cf  fuch  co- 
lour or  colours  as  they  fhall  refpectively  direct,  tobe  fixed  on  the  left  Jhoulder,  and  to  have  thereon  wrought  in  legi- 
ble capital  letters  the  word  FREE  :  lorregiflrationof  each  of  which  names  the  toun  clerk  fhall  receive  two  fliil- 
lings,  and  the  commiflioners,  truftees  and  directors  refpectively  (hall  receive  the  fum  of  eight  fhiliiugs  for  the  ufe  of 
their  refpedtive  towns  j  which  regiftration  and  badge  (hall  continue  in  force  during  the  time  that  fuch  free  perfon 
fhail  remain  an  inhabitant  of  the  town  in  which  he  or  fhe  fhall  refide  i  and  if  any  free  negro,  mullatto  or  other  per. 
fon  of  mixed  blood,  fhall  neglect  or  retufe  to  apply  to  the  commiflioners.  truftees  or  directors  as  aforefaid,  or  fliall 
refufe  to  receive  abjdge  in  manner  by  this  act  directed,  every  fuch  perfon  fo  neglecting  or  refilling  fliall  be  fuhjet, 
topay  the  fame  tax  that  is  hereby  impofed  on  flaves  who  arc  not  returned  as  town  taxables,  ar.d  who  (hall  have  bad- 
ges to  enab'e  them  to  hire  ihcmfelves  :  and  that  fuch  free  perfens  may  be  the  better  known,  the  Juilices  o(  the 
Pesce  who  fliall  receive  the  returns  of  taxable  property  in  faid  (owns,  fl.af  in  their  veariy  returns  delcribe  all  fuch 
.perfons  as  are  Tree,  snd  are  nrgrtes,  mulattoes  or  ctherwife  of  mixed  blood  as  aforefaid  :  and  all  fuch  pcrior.s  as  a- 


forefaid  not  paying  their  fines,    fees  anJ   tnxes  fhalib^hired  ouifor  fo  long  time  aj  will  pay -the  fame  refpe£Wve« 

XI.  And  be  it  further  enafted,  by  the  auti  ;u  ity  afore/aid,  thai  the  commiflioners  of  the  faid  town,  fhall  ana'  may. 
from  time  to  time,  make  fuch  or>: inane es  and  leguhtions,  and  und&r  fuch  fines,  forfeitures  and  penalties  as  to  then* 
fhall  feem  reafonable,  for  the  better  car-tying  the  nuen  ions  of  this  act,  and  other  acts  for  the  better  regulation  of 
the  faid  to.wns  into  execu -so  >,  but  fo  as  that  fuch  ordinances  and  regulations  do  not  cb'ntraw  ie  the  fundamental  con- 
ftitutions  jnd  law$  of  the  Aate,  and  fo  that  the  party  thinking  hinnelf  aggrieved  there  j  ;.iy  appeal  to  the  eouniy 
court. 

XII.  And  be  It  enabled,  by  the  authority  afonefidd,  thr.'.if  any  flave  permitted  to  hire  him  or  her&lf  out  in  manner  by 
this  act  directed,  fhoulcl  happen  to  be  capital  y  convicted  fo:  any  ci  line  committed  during  the  time  that  he  or  fne  lhall 
have  fuch  pe.rmiflian,  the  owner  of.  fuch  Have  fhall  not  be  allowed  any  compenfa.ion  from  the  public  or  oiherwife  for 
the  value  thereof  when  executed. 

X''I.  And  belt  alfb  enadid,  by  the  auHrititv  cf '  rcfaid,  that  if  any  free  perlon  of  mixed  blood,  or  any  free  negro, 
refiding  within  any  ot  the  (aid  towns,  fliall  be  c<  nvicted  of  any  felonious  crimes  with  flaves  in  the  town  where  he  or 
'he  fliall  fo  refiile,  or  flu. I  receive  any  good-  from  any  Have  or  flaves  witho  •  a  ticket  from  his,  her  or  their  owner  or 
Other  perfon  having  the  care  and  management  of  fuel)  flave  or  flaves,  or  (bail  receive  or  harbour  in  his  or  her  houfe 
or  otherwife,  any  runaway  or  abfeonding  flave  or  flaves,  every  fuch  free  perfon  being  a  negro  or  of  mixed  blood  as 
aforefa:d,  fhal  upon  conviction,  forfeit  and  pay  to  the  comm  llioners,  truitees  or  directors  of  the  town  in  which  he 
or  fhe  fliall  refide  the  fum  of  ten  pounds,  to  be  levied  off  lis  or  her  property  real  or  perfonal  and  applied  to  the  (lock 
of  the  town.  Provided  always,  that  if  any  fuch  fi  ee  perfon  (o  convicted  as  aforefaid,  (hall  upon  fuch  conviction  ijg- 
njfy  his  or  her  cpnfent  to  remove  from  fucii  town,  andfliall  give  fecunty  for  fuch  removal  within  ten  days  thereaf- 
ter ;  and  alfo  that  he  or  fhe  will  not  refide  in  fuch  town  or  within  fen  miles  thereof,  for  the  fpace  of  feven  years, 
then  it  fhall  and  may  be  lawful  for  the  commiflioners,  truitees  or  directors  as  the  cale  may  be  to  take  fuchfecurity 
payable  to  tfjemfelves  and  their  fucceflbrs  in  office,  and  upon  breach  of  the  condiiionto  put  the  fame  in  fuit  and  re. 
cover  the  penalty  for  the  ule  of  their  town  ;  and  upon  fuch  bond  b.  ing  taken  with  fecurity  as  aforefaid,  the  pen.dty 
inflicted 'upon  convKtion  as  before  directed,  fhall  be  rem.tteu  to  the  offender,  any  thing  heiein  contained  to  the  con- 
trary notwithstanding. 

And  whereas  the  laws  and  regulations  made  to  present  dealing  and  trafficking  with  flaves,  have  been  found  infufE» 
etent  to  prevent  that  dangerous  and  pernicious  practice  :  i 

XlV.  Be  it  therefore  enafted  by  the  authority  aforefaic,  that  if  any  free  perfon  fhall  either  buy  from  or  f.  11  to  any., 
flave  or  flavee,  or  (hall  barter  with  any  (lave  or  flaves,. any  kind  of  goods  or  commodities  whatfoever,  or  other  thing, 
without  a  permiflion  in  writing  from  the  mafter,  miftrefe  or  other  p;rfon  having  the  management  of  fuch  flave  or 
flaves,  every  fuch  free  perfon  fhall  on  conviction  forf  it  and  pay  the  fum  of  ten  pounds,  to  he  levied  of  his-  or  her 
property  as  other  recoveries  by  law  ;  and  if  the  offender  fhall  not  have  fufficient  property  to  fatisfy  the  judgment, 
then  fuch  offender  fhall  be  committed  to  clofe  euftody,  and  fliall  remain  in  priibn  without  bail  or  mainprise  for  any 
time  not  exceeding  three  months. . 

XVi  And  it  if  hereby  further  enafied  by  the  authority  aforefaid,  that  if  any  perfon  or  perfons  (halt  be  convicted  of 
entertaining  any  flave  or  Saves  in  his,  her  or  their  houfe  or  houfes,  or  other  place  or  places,  in  any  manner  what" 
foever,  for  money  or  oiherwife,  every  perfon  convicted  thereof,  fha'l  torfeit  and  pay  to  the  commiflioners,  tmftees 
or  directors  of  the.  town  where  fuch  offence  fhall  be  committed,  for  the  firft  offence  ten  pounds,  for  the  iecand  of- 
fence twenty  pounds,  and  for  the  third  offence  fhall  be  whipped  publicly  not  exceeding  thirty  nine  lafhes,  and  fhall  ■ 
be  thereby  rendered  infamous.  Provided  always,  that  when  the  offender  fhall  be  unable  to  pay  the  forfeiture,  he  or  - 
fhe  may  be  whipped  for  the  firft  or  fecond  offence  or  either  of  them. 

And  in  order  that  perfons  dealing  with  flaves  without  permiflion  as  aforefaid,  may  the  more  eafi'y  be  convicted  : 

XVI.  Beit  euaSiedby  the  authority  pforefaid,  that  if  any  flave  (kail  be  fees  going  into  any  ftore  or  other  houfe,  and 
fuch  flave  fhall  carry  into  fuch  ftore  or  houfe,  any  article  or  "tides  which  may  be  fuppofed  for  fale,  or-  any  bottle, 
jug  or  other  thing  in  which  liquor  may  be  conveyed,  or  fhall  bring  out  of  fuch  houfe  or  ftore  anything  which  may 
be  fuppofed  to  have  been  purchafed  therein,  and  fuch  flave  fhall  not  have  a  badge  at  is  heiein  before  directed  for 
flaves  who  may  be  permitted  to  follow  forne  trade  or  occupation,  and  proof  fhall  be  made  of  the  facts,,  the.  fame 
inall  be  deemed  fufficient  to  convict  the  offender,  unlefs  he  or  flie  can  produce  a  permiflion  as  aforefaid  in  writing 
from  the  mafler,  miftrefs  or  perfon  having  the  management  of  fuch  flave.  Prwided  always-,  that,  nothing  herein 
contained  fhall  be  conflrued  to  prevent  any  flave  or  flaves  from  delivering  to  any  perfon  or  perfons  redding  in  any  of 
the  faid  towns,  any  article  of  provifions  or  other  thing  which  may  be  fent  to  any  fuch  perfpn  from  their  friends  in 
the  country  or  elfewhere,  provided  fuch  flave  has  a  wxjiten  permiflion  for  fo  doing.; 

XVII.  And  be  it  further  enag}edy  by  the  authority  aferefaid,  that  the  commiflioners,  truftees  and  directors  of  the 
Taid  towns  refpectively,  are  hereby  impowered  and  required  to  make  fuch  additions.to  and  explanations  of  the  fevcr- 
al  claufesof  this  aft,  relative  to  flaves,  free  negroes  and  free  pcrl'ons  of  mixed  blood,  as  may  tend  to  carry  the  fame 
more  effectually  into  execution  againfl  all  perfons  who  come  within  the  purview  thereof.  Provided  *hvayst  that  all 
appeals  from  the  commifnouers>,  truftecji  or  director*  of  the  faid  towns  rcfpc&irely  flaall  be  tried  by  a  jury, 


Si  An  aft  for 

I  r  h  (Jaroli 
-  ' 

pi  cjintied  o  .  .  ior  the  town  Jf 

n4  keefDtbe  itr-Cets  then  Inch  emi  tht 

,  .  toYurhiSoti  the  in.  . 

L  town  to  woi  k  chefeon  ;  andin  cafe  of  the  refafeior  negle&of  ranvSohabi  - 

.   rr  so  proctne  a  ftrf  rfarm   wot  work, 

the  fum'of  eig    ■■  md  every  refuial  or 

neglect,  '-''  aIU>  ieais  of  any   two  of  th<  rs,  on    col 

ted,     ivtgAd-d,  that  excal  .    from    bodily 

admitted.     AtidprwlHed  alft,  that  no  inhabitant  of  the  i'^id  town  fh 
one  yeah. 
Ji.  ^  commiff  mors    and    ,  \  urs  in  oiEce, 

.  the)  aifehei      .  d  itionofcihe  eo:naiiBIoneis 

of  the  town  t .  ;  and  that  they. may  ,iue -and  be  lued,  imph  i  re  full 

■■  pofesofthj 

■  ..  to  ihew    necefiary    i 

bettei         ilation  of        cinYers. 

nhGreas  fro«  )ffaid  town  by  erecting  piazzas,  perches- and  other 

,:S  and  end ■;:  t..i,ts  are  \$i 

;     i  -t  jdrequired 

iol"e  a    ■  ■  *ceeding  tweq  ;  h  p?az?a,  pi 

croichm«mt  on  the .ftreejts  of  wha  :  retain    widtl  ■  T  one 

houfe, or  te.ae.ment ;  on  each  piazza,  icr  incrQachmentuf  lelatjian  lix   Icee  in  width,    alumnote 

[ling    ;   and.  on  all  piazza*,  porches  ai  d^otl  er  encroachments  of  a  :  ■  than  i         et,   a  rent  of 

rsoo  eacn  fooi  over;  and.abave  fix,  fliall  be  nnpofed  exclut^veof.  the  ground-rent  aforesaid,  toibscoll 
as  her.  in  after  directed. 

IV.  Arid  be  it  further  d,  that  all  free  males  of  twenty-one  years  old  and  upwards 
ill, have  uAially  rdided-in  ace  ©f.ene  nionthprevkueiorl  annu- 
ally, and  all  others  the  pi-                            lot pr. lots  \n  the  faidl  town,  orpha»s  excepted,  ftaUbeconliderpd-as  being 
liable  to  pay  taxes ;  t                                                :  os  v.  el!  ior  rns  year  one   thouland-fevenliundr(ed  and  eighty  fix, 
as.  for  each  filcceedii  -                                         >f  ihe  comtniffianers  ;;>  ray  I L  n   nol  <  xce'eding  eight  (hillings  per  noil ; 

order  that  a>j  allpeif  ns  and  property  bythisa.'r  liable  to-be  ■■',   n;ay  be  obtained  s 

V.  Beiifuri  that  the  court  ef  EdgcQTnbe  county  on. application  of  the  «emmif- 
■fk-ners,  ihaii  annu.  .li>  appoint  fume  J  aittce  i  be  county  aforefaid  een  .the  firft  si 
days  of  Xprth  then  n                    ,  receive.fi                                       t.be.faiektowo,  and  oil  e   to   be 
taxedj  true  and  acc>    -              in  oath,  of  all  the  polls  and  property  to  them. belonging,  which  by  this  act  ;<re    made 
liable  to  taxation,  and  (hall  make  return  of  fuch  hits  under  his  hand  and  fealto  the  <                ners  "at  their   hri5: 

ir,g  which  (hall  happen  yf;er  the  'uid  laft  day  of  Mi  reh  annually,  and  each  and  every  perfnn  telling  to  give  in  on  oath 
aforefaid,  Bi  .    the  amount'  of  the  tax  foif  which  he- or  I  e  would  otberwite  have  been  lia- 

b.'e.     For  the  d;e  collection  of  which  taxes,  together  with  aforementioned  ground-rent  i 

VI.  2??  it  enaHed,  that  tbe'connniifioners  (hall  appoint  foine  perfon,  proper.  I,  collector,  allowing  him 
Fuch  cftftimifiions  as  to  them  (hail  feem  adequate  and  juih  And  it  is  here  by.  further  declared,  that  all  perfbns  inhabitants 
of  the  laid  town,  who  by  this  aft  are  made  iubject  to  taxation,  (hall  hkewile  be  ;  .  :  liab'le  to  work  on, 
•he  lfroe'3.     Frov'deJ,  that  any  owner  oi  (laves  w  ho  fliall  in  virtue  of  this  ait  be  compelled  to  lurnifli  two  or  :nore  a- 

la lids  to  work  on  the  laid  (freets  at  the  times  for  that  purp  .1,  fliall  astohunfeltbeexcofed-iTom 

.'  nr. 
VI!.    /tf.d  be  it  further  enefied  by  the  t::t:-  i     kid,       ■  h  jnd  every  d  rant  of  the  laid  tcv.n.  as 

v.  cii  ferVarts  and  (Lives  -js  free  men;  rluh  henceforth  be  confide  red  as  exempt  from  worl  .-  jiublic  roads, 

e  ihey  ihall  continue  inhabitants  asaforelaid,  but  ihal!  work  on  the  ftreetsof  the  l'id  town  oily. 
Be  it  further  eaac7ed,  that  all  t.is;^  and  rents  which  ihall  become  due  by  virtue  oi  thisaft,  (hall  be   colieiled 
and  accounted  for  annually  on  or  belore  the  fi"  i:  ■ '.  in  each  year;  and  in  cafe  oi  the  failure  or  refill..: 

5  hereby  directed   to  ieli  ..  due,        much   of  the.perionul 

property  ot  f i  i  fiilthg  or  refilling,  .is  -  ■  ge  the  him  tor  which  by  this  act.  he  or  (he 

ie  rules  by  !=  e       f  Colleclors  of  public  tax.es. 

:cd,  holding  any. unimproved  lot. ojr  lots  (n 

I  for  everv  inch  Tor;  be'hableto        -  )  laccpn      rjy,and 

the  monies  ariling  froni  fatti  alTelluieni  coileclcd  m  manner  -forelitid,     Pwv'ukd hevvr$>elefs ,  thaC it  is  berebv  exj      1/ 

(    a 


'54 

declared  that  dwelling  houfes  of  every  kind,  and  endofures  either  by  rail?,  paiTng  er  plank,  provided  tfiey  extend 
the  length  and  breadth  of  the  lot,  {hall  be  demed  improvements  under  this  aft. 

X.  And be  it  further  ensued,  that  any  perfon  except  as  before  excepted, owning  an  improved  lot  or  lots  in  thefaid 
town,  who  (hall  fail  for  the  fpace  of  twelve  months  to  pay  the  tax  for  which  by  this  act  he  may  be  liable,  the  comtrif- 
i'toners  Oiall  and  they  are  hereby  directed  to  (ell  the  lame  at  public  vendue,  to  the  higheft  bidder  for  ready  money,  firft 
advert'tfing  fuch  lot  for  the  fpace  of  three  months  at  leaft  in  the  North-Carolina  Gazette  :  and  after  deducting  the  tax 
and  other  e>:pences  which  may  have  accrued  in  canlequence  of  fuch  advertisement  and  fale  ihall  pay  the  balance  on 
application  otthe  perfoa, entitled  to  receive  the  fame. 

XI.  And  lie  it  further  er.p.ihd,  that  the  faid  commiffioners  fliali  and  they  are  hereby  required  and  directed  forthwith 
to  call  to  account,  all  perfons  for  any  monies  which  may  be  fuppofed  to  be  in  their  hands  belonging  to  the  laid  town, 
and  in  cale  of  failure, or  refufal  by  fuch  perfons  to  pay  the  fame  to  iiTue  warrants,  or  bring  fuits.for  all  fuch  fums  a* 
may  appear  to  be  du«,  and  that  all  fuch  monie*  fliall  be  recovered  and  paid  agreeable  to  the  f'cale  of  depreciation  by 

lav/  eftablilhed. 

XII.  And  be  it  further  enaSled,  that  the  com  million  ers  fhall  apply  all  monies  collected  in  virtue  of  this  aft,  in  repair- 
ing the  ftreets,  making  good  the  public  landing,  and  in  fuch  other  uleful  works,  as  a  majority  of  them  (hall  think 
molt  conducive  to  the  grandeur  and  emolument  of  faid  town  ;  and  fhall  each  of  them  reflectively  before  entering  on 
the  duties  ot  his  appointment  take  before  fame  Juificc  of  the  Peace -the  following  oat^,  and  obtain  a  certificate  there- 
of, to  wit,  "I,  A.  B.  do  fweur,  that  at  a  comm;ffioner  for  the  town  of Tarborough,  /  tuilt  endeavour  t$  -execute  the  fe- 
deral duties  enjoined  me  by  the  acl  oj  AffemUy  in  that  cafe  made  aid  provided,  -without  favour,  affeSlion  tr  partiality,  It 
■the  I  eft  of  my  /kill  and  abilities.     So  help  me  God." 

XIII.  And  be  it  further  enacled,  by  the  authority  aforejaid,  that  the  firft  meeting  of  -the  commimoners  finli  be  held 
cn  the  firft  Minday  in  May  nest,  when  they  may  appoint  a  chtiroian  and  adjourn,  and  meet  at  luch  times  as  they  fliall 
think  proper  ;  and  that  in  -all  acts  of  the  faid  commilTioncrs,  or  a  majority  of  them  -fliall  conflitute.a  quorum,  nor 
fhall  they  do  bufinefs  with  a  lels  number  ;  and  that  in  cafe  of  death,  refufal  to  aft  or  removal  out  of  the  .county  of 
■Eigcvnbi  of  any  of  the  commillioners  by  this  aft  appointed,  the  inhabitants  of  the  faid  to *n  fliall,  within  one  month 
after  fuch  vacancy,  alTemble  (ten  days  previous  no-ice  being  firft  given  by  the  chairman  of  the  commiflioneis,  in  writ- 
ing affixed  to  the  court-houfe  in  faid  town)  and  elect  lome  other  per  Ion  being  an  inhabitant  of  the  county  of  Edgcomk 
Commiflioner  in  the  place  of  him  fo  dying,  removing  or  refufing  to  aft  ;  which  perfon  after  being  foelefted  and  quali- 
fied as  by  this  .aft  directed,  fhall  be  vefted  with  the  i'dtue  powers  and  authorities  as  £  he  had  been  exprefHy  named 
lierein. 

XIV.  And  be  it  further  enabled,  that  if  the  commiflioners  fliall  find  any  lot  orlotsin  t!>e  faid  town,  net  already  con- 
veyed,  they  fhall  after  having  advertifed  inch  lot  or  lotsf  jr  the  'pace  of  three  months  in  the  Niirth-Caroiina  Gazette* 
publicly  fell  the  lame  for  the  molt  that  may  be  had,  and  ^ranc  a  djcd  or  djeds  lorfftrca  lots,  fubjeft  nevertheless  t» 
the  like  regulations  as  the  other  lots  of  the  faid  town. 

XV.  And  be  it  further  euacled,  ly  the  authority  of  'or rfaid,  that  all  fines  and  forfeitures  which  may  be  incurred  by 
■virtue  of  this  aft,  fliall  be  paid  into  the  trtalury  of  the  laid  town,  and  applied  as  the  common  flock  thereof. 

XVI.  Be  it  further  enuej^d,  -by  the  authority  aforefaid,  that  all  and  ever)  aft,  and  palts  of  acts,  for  regulating  the 
town  of  Tarborough,  coming  within  toe  purview  ot  this  aft,  beand.the  fame  is  hereby  repealed  and  made  .void- 


Chap.  XXI.  AnaB  for  .the  more  fpeec'.y  determining  dfputes  that  have  arifen,  cr  herealer  miy  fife  in  the  counties  »f 
Rowan,  Mecklenburg,  Rutherford,  Guilford,  Lincoln  ani  Rockingham,  from  erecling  mill-dams,  ,a>.d  to  prevent 
perfons  from  building  mills,  as  herein  deflribed. 

WHEKEA-3  many  diiputes  hive  heretofore  arilen,  or  hereafter  may  arife  from  erecting  mill-dams,  and  overflow, 
ing  the  land;  belonging  to  pet  Jons  proprietors  of  lands  en  the  water  courfe  above  the  faid  mill-dams  :  for  re- 
niedy  whereof, 

I.  Be  it  snuBei,  by  the  General  AffemUy  if  the  Stale  of  NTerth.  Carolina,  and  it  h  herebv  ensiled,  that  from  and  af- 
ter the  palling  of  this  aft,  where  any  difpBte  may  anle  or  have  heretofore  arifen  in  any  of  the  counties  aforefaid,  be- 
tween the  builder  of  any  mill  or  mills  and  the  owner  of  land  above  the  faid  mill  as  aforefaid,  it  fliall  and  may  pc  law- 
ful for  the  county  .court  where  inch  dilpntc  may  a»ile,  -on  application  of  either  patty,  to  order  the  flieriff  of  faid  coun- 
ty to.fummon  a  jury  of  good  and  lawful  men,  who  Ihall  appear  at  the  place  where  fuch  lands  are  overflowed,  and 
afcertain  the  full  value  of  what  faid  land  was  worth  had  it  not  been  overflowed,  and  nil  damages  to  the  owner,  the 
party  making  application  to  the  court  as  aforefaid  giving  the  other  party  tea  days  previous  notice  thereof  before  the 
fitting  of  fuch  court. 

II.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  value  off  ml  land  fhall  be  paid  by  the  owner  ot 
fuch  mill  at  the  fijcceedjng  court,  alter  fuch  trial,  or  as  foon  as  the  verdift  of  fuch  jury  fliall  be  confirmed,  b/  the  laid 
court,  and  on  fadtire  thereof  execution  fiiall  iiTue  lor  the  fum  alcertainc-d  by  the  jury  as  aforefaid,  and  the  cofts  thereon. 

III.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  upon  payment  of  the  value  of  fucn  lard  by  the  verdift 
of  a  jury  as  aforefaid,  the  perfon  owning  laid  land  Ihall,  and  he  is  hereby  required  to  execute  a  deed  in  fee  Ample 
for  luth  land  to  the  owr.tr  of  faid  mill,  and  on  failure  thereof  the  owner  rf  faid  mill  fliall  (land  difcharged  from  any 
action  or  actions,  iuit  or  iui;  ,  cither  in  lav.  or  equity,  and  (hall  alio  (land  difci.ai^ed  from  any  indiftmem  on  accfpnC 


of  iTucH  land,  overflowed  as  aforefaid  ;  and  in  cafe  any  action  or  actions,  fjit  or  fnltt,  or  indictments  dull  be  commen. 
ced  or  profecuted  againft  the  owner  of  faid  mill  as  aforefaid,  it  fhall  ami  may  be  lawful  for  the  defendant  to  plead  the 
payment  as  aforelaid,  and  judgment  fliall  be  againft  the  plaintiff  for  cofls. 

IV.  And be  it  further  matted,  by  tbe  authority  aforefaid,  that  from  and  after  the  pafiing  of  this  aft,  it  mall  not  be 
lawful  for  any  perfon  orperfons  in  any  of  the  counties  aforefaid,  to  build  or  erect  any  water  griil-mill  within  tw» 
miles  above  or  belotv  any  mill  that  is  or  hereafter  may  be  erected  for  the  purpofe  of  manufacturing  flour  for  merchan- 
dize. Prwided,  that  fuch  is  furnifhed  with  good  bolting  cloths  and  every  other  requifite  for  manufacturing  good 
merchantable  flour  as  aforefaid  :  any  perfon  in  the  faid  countiea  who  fliall  hereafter  build  any  mill  or  mills  contrary  t« 
this  act,  fhall  lorfeit  and  pay  the  fom  of  one  hundred  pounds,  to  be  recovered  by  aftiou  of  debt,  in  any  court  of  record 
having  cognizance  thereof,  by  the  p;rty  aggtiered. 

Crap.  XXVIII.  AnaS  f*r  deflroying  wives,  wildcats,  panthers,  heart,  crtws  amd fquirrels  in  the  fev:ral  counties 

therein  mentioned. 

WHEREAS  the  great  increafe  of  wolves,  wildcats,    panthers,  bean,  crows  and  fquirrels,  in  the  counties  here- 
in after  mentioned,  is  found  to  be  injurious  and  prejudicial  to  the  inhabitants  thereof  : 

I.  Be  it  there/ore  enaS.'d  by  the  General  Affembly  of  thejtatt  of  North-Carolina,  and  it  is  hereby  enacled  by  the  au- 
thority of  the  fame,  that  the  leveral  county  courts  cf  Cmrttt et,  Rutherfird,  New-Hanover,  Brunfwick,  Bladen,  Rowan, 
Tyn el,  Rocking! mm,  Wilkes,  Hyde-,  Aioore,  Cafwell,  Onflow,  Duphn,  Samp/on,  Burke,  Wake,  Litxtli,  Randolph, 
Mecklenburg,  Surry  and  David/on,  in  this  ftate,  are  hereby  authorifed  and  reflectively  impowered,  when  they  may 
judge  the  tame  neceffary,  after  the  year  one  thoufand  (even  hundred  and  eighty  five,  to  lay  a  tax  on  the  inhabitants 
and  taxable  property  of  their  faid  counties,  to  be  collected  by  the  public  collectoiaand  accounted  lor  as  the  county 
lax,  for  the  purpofe  of  granting  bounties  to  perfons  who  fhall  kill  or  otherwile  dellroy  any  wolves,  bears,  panthers 
or  wildcats  in  fuch  cour.iics,  in  luch  manner  and  in  luch  proportion  as  by  order  cf  court  fliall  be  directed.  Provided 
the  bounty  to  be  given  for  killing  each  wolf  fliall  not  exceed  twenty  fhilluigs,  and  lor  killing  each  wildcat  (hall  not  ex- 
ceed threeihiliings.  Provided  inch  tax  fhall  not  exceed  one  fliilling  on  eacii  poil,  and  lour  pence  on  every  hundred  a* 
ce«  of  land  m  one  year- 

II.  And  be  it  further  enaScd,  by  the authority  af  repaid,  that  the  feveral  county  courts  before  mentioned,  fhall  have 
full  power  to  apply  themonie*  ariling  from  laid  tax,  for  the  purpofe  before  mentioned^  as  they  by  order  may  direct; 
and  the  furplus  if  any,  fhall  be  applied  tJA'srds  defraying  the  contingent  charges  of  faid  county. 

III.  Andbe  it  further  ena  :red,  by  the  authority  cfarefcid,  that  every  mafler  or  miflrcfs  of  a  family,  and  overfeer  of  a 
plantation  when  the  mafler  or  miftrefs  of  a  family  doeenot  reGde  in  the  fame  county,  in  the  counties  of  Montgomery, 
Burke,  Warren,  Prankun,  Wake,  fenes,  Dobbs,  Ntw-Hawocr,  Wilkes,  Granville,  Onflow,  Cafwell,  Lincoln,  Ruther- 
ford, Duplin,  Savipfon,  Brunf  ick.  Rowan,  Mecklenburg,  Tyrrel,  Bladen,  Richmond  and  Surry,  fliall  kill  or  caufe  to 
be  kiii.'d  in  every  year,  ieven  crows  or  Iquiirels,  for  each  taxable  he  or  Die  fhall  inlift,  under  the  penalty  of  forfeit- 
ing and  paying  fcur  pence -for  every  crow  or  fb/tirrel,  he  or  flie  fliall  neglect  to  kill  or  caufe  to  be  killed,  to  be  reco. 
vered  and  applied  asherein. after  directed.  Provided  always,  that  no  conflant-rcfidents  in  any  of  the  town*  in  the 
counties  in  this  ad  mentioned,  fliall  be  included  in  this  act  for  the  taxables  in  fuch  town. 

IV.  Andbeitfurtt.er  enctled,  ly  the  authority  aforefaid,  that  every  mafler  or  miftrefs  of  a  family,  or  overfeer  as  a- 
forefaid,  on  killing  any  crow  or  crows,  iquirtei  or  fquirrels  as  aforelaid,  fhall  produce  the  head  of  fuch  crow  or  crows, 
and  alfo  the  fcalp  or  fcalps  of  fuch  fqutrrel  or  fquirrels,  to  fome  juftice  of  the  Peace,  who  thereupon  (hall  give  a  certi- 
ficate to  fuch  perfon  or  perfons,  mentioning  the  number  of  crows  heads  and  f'quitrcls  fcalps  lb  produced,  who  on  giving 
fuch  certificates  fliall  deftroy  or  caufe  to  be  dellroyed  fuch  head  or  fcalps  in  his  pretence. 

And  for  the  more  effectually  recovering  the  penalties  as  aforefaid  : 

V.  J3.it  tnjcled,  by  the  authority  aforefaid,  that  each  and  every  of  the  collectors  of  the  refpective  counties  herein 
before  mentioned,  at  the  time  of  receiving  the  county  taxes,  fliall  demand  of  each  and  every  perfon  chargeable  with 
taxes,  fuch  certificate  for  that  year;  and  on  neglect  or  refufal  to  produce  the  fame  or  pay  the  penalties  aTcrel'aid,  the 
collector  fliall  ard  he  is  hereby  impowered  and  directed  to  make  diflrefs  on  the  ftate  of  fuch  perfon  or  perfons  for  the 
penalties  aforefaid,  in  the  fame  manner  as  by  law  be  is  impowered  to-make  diflrefs  for  public  taxes  ;  and  fhall  account 
for  and  pay  the  fame  in  the  fame  manner  and  under  the  fame  reflrictions,  and  have  the  lame  allowances  as  for  receiv- 
ing county  taxes  ;  which  penalties  fhaJl  be  applied  towards  defraying  the  county  charges. 


Chap.  XXIX.  An  acl  for  the  frzmothn  of  learning  in  tie  county  of  Davidfon. 

WHEREAS  the  good  education  of  youth  has  the  moft  direct  tendency  to  promote  the  virtue,  incrcafethe  wealth 
and  extend  the  fame  of  any  people  ;  and  as  it  is  the  indifpenfible  duty  of  every  legislature,  to  confult  the  ha- 
pinefs  of  a  riling  generation  and  endeavor  to  fit  them  for  an  honorable  diftharge  of  the  lecial  duties  of  life.  And 
whereas  it  is  repreltnfed  to  this  Gt  neral  Aflembly,  that  the  citizens  jfDaviifon  county  arc  dellrrus  cf  mak'ng  an  ear- 
ly and  liberal  provision  for  the  ii.ftruction  cf  youth,   by  laying  the  foundation  of  a  public  ieminarv  in  that  ccunty  : 

I.  Be  it  therefore  ena&ed,  by  the  General  Affenibly  of  the  State  of  North-Carolina    and  it  is  hen  by  cradled  by  the  cu. 
tforityofthefume,  that  the  Reverend  'Ihomas  Craighead,  Hugh  U  iUhmJon ,  Da:hl  Smith, : William  Polk,  Anthony  L1J- 


■  ■'  . 

■  -  ..  -    ■  ■- 

h8 
that  the  faid        -  ■      ■■  i 

receive,  J.:ii,i- 

nienis,  i  <•,  that  the 

or   the  profits  - 

,  in  the  coin  I 

iphica!  appar;  I  falaries.oi    i  uchi,Rnaber  c 

:ons  as  to  the 

II.  A  ■  -  add  theft  fifcceflbr's,  or'a  n 

ihern,  by  'he  nameaforefaid,  ihall  be  able  id   h'.f,   fo  i        ill,  gra.nt,  <ie::iile,  aliencrdifpcfe.pl 

■  ■■■■■  ■■  .  ■ 

and  further,  thdt  the  Lid  t'rultees  a  or  a  majority  of  tl 

tJle  and  Capable,  in  law.,  by  the  name  aforeta-d,   tuiueand  implead,   be  npleaded,   anfwer  ai  . -cd 

in  ail  courts  of  rep  Oils  of  •<  tt  i  ?.ad  i  rollers  o£*h<  academy.  6f 

III.  .  '  ■'.    ih  it    i lie  i- 

sre  b                                 lochoifc-a  pre  (id* ill  ■•>   OU4  of    fi>(.r    own  body  ;     ' 

r,   prole flors,ai.d        .  and      e  fame  may  remove    at  pleafure'.;  and  ihey  Ihall  !•                          to 

3!i;;ke  bye- laws  for  the  government  anti  regulation  of  the  academy,  and  :he  I '..me  to  alter  and  :r- 

ihtlr/'s,  ihi'.  fuel) laws iball  notjbe.i  o.thela*8ol                    their  i  oralsj'ftudies, 

asto  .'                 Ifeem' meet,  an,d  to  leave    ihe  faidacade                            :;sir 

literal                  ■:  progrels  oi  ulefyl  i«r,   that  oh                 '(sftgnauon,  refufal  to  a<ft,  i 
iiuu  of  ei'th                     •    r  tutors,   theji 
a  majority  of  the  truftees  agreeing  thereto. 

IV.  And  •  d  board  of  trufteei  .  -? 
into  bond  with  t  .  :  i '      -  >    lor   ?h« 

I  Hi  him  rSpol  Lfelortgin'g  to'  thi 

ihal:  be  in  iiis  fund  at  <l  itfely  paid  and  delivered  "into   tl       i   nds   of  the 

fticcediiig  treafurt         ■■■.      eyy  treajbpej  ■  and  donations  of  whatlbever  kind,  chat  may  belong 

ccrue  to  the  1  •  ■    ..   dult.ing  »ji&  office  ;  and  at  the"  i  .  I  account  wirh  the  millets  for   the' 

..•and  fjeliv.er  ever  to  the-fuxoeed  ng  ttea/urer ;  and  on  his  neglect  or   refufal   to  pay  and  de- 
liver as aforefaid,  !  ul  Wconteflihg  may  be  had agamit  hitn  as  is  or  may    be    provided  for    the  recovery 
.    ■            ;rjifs  tir  other  perfons  eh 

V.  A*  '~  ■     -    ■  ■    ■    tiie  ftated  nsee'ings  of?  the  board    for   the 
nf  two  years,  or  if  any  ol  .them  (ball  die  orotl-i                        his «.  ffice,   the  remaining  uuiiees,   or  a  majority 

. ,  ill'!  ir  .I.eir  ;i;-.t  n't-iing  chccie  anotlier  truitcei::  erfou this  neglecting  his  dotyj 

rrfij 

VI.  And  he  that  no  lands,  tenements  or  n?i  editafterits,  which  may  be 
veiled  in  the  truileti  of  the  academy  ol  Dmndfon  tcr  the  fole  uit  and  behoof  ct  the  academy,  mall  be  fubjeft  to  any 
tax  for  the  (pace  of  ninety  nine  years. 

VI I.  -  urth'er  enafied,   that  t».  o  hundred  and  forty  acres  of  theland  refesvtd  ft  r  the  ufe  of  the    (tare,    bs» 
ing  that  part  ol  laid  land  v..:  from  !h,.h  b*  and   is  hen  I   in    , 
the  truftees  et  Davidfe/t  acaderrvy  for  the  ul*  of  that  lemmar, 


Chap.  XXX.   Anafi  to  cr  J}  a-ii  eftalljh  an  academy  in  the  county  of  Duplin. 

WHEREAS  the  eltabhfhingau  academy  in  the  (a  r   the  education  oi  you:, i  will  be  attended  with  great 

advantages  to  trie  {fate  ingenera!3   and  the  county,  of  Duplm  in  particular  . 
I.   Be  it  therefore  ena^t'd  bj  \  'Jjemblyof.th'ef/ateo}    North-Carolina,  anditishereLj 

ritv  of  the  fa  , 

Jihn  James,   ffruel  Bout  ■  ■  Gitlefpie,   El3q  fhey    ;:  re  hereby  co 

tees,  d  or:ty  tu  receive   into    tl  and  poffeffibn,  all  thojiii 

have  been  or  hs;    .  ■.  rferecling    an    academy    oh  ihe  la'rii 

unier  in  faid  cc.in-  i ,  - , ■;     ■  ' 

le    in  law  ro  alk  for  and  tiemand,  recei\  e  and  pallets  of  the  feveral  lubicn'i;i.'. 

and  in  cd'i' or  retu'al  o'  lame,   to  fue  for  and  rcrov  er  I  y  .  c'tiois  oi 

M  tiie  truitees,  tl  »n  fb  reiufinginall  hare  fub  I 

pgniaaoce  tlwreo/ j  aftd. the' monies,  wheu;cc  and.jeceived,  to  be  app.'ied  b y    tl  .    ie'rity 


ef  them  towards  paying  for  the  lands  already  contracted  for,  and  erecting  thereon  a  fuifalle  ari  convenient  heufe,  a 
contract  with  and  employ  a  tutor  or  tutors,  and  to  perform  every  aft  or  thing  that  they  era  niajeriiy  of  U.e-i:,  Hull 
think  necefTary  and  expedient  for  the  advancement  of  the  laid  ac  idemy  and  the;  promotion  of  learning  therein. 

II.  Aiibi  it  further  en  ail d,  by  the  authority  aforefitid.  that  the  truftees  herein  before  mentioned,  (hall  previous  ta 
their  entering  or.  the  execution  of  the  truit  rtpcf  d  bv  this  act,  give  bond  to  the  couit  of  tke  county,  payable  to  the 
chairman  and  his  fucceflbr,  in  tne  funi  of  one  thou!  and  pcunJs  (pecie,  with  condition,  that  they  fhali  well  and  faith- 
fully account  for  and  apply  all  gifts,  donations,  bequefts.  and  monies  v>h  ch  they  may  receive  of  and  by  virtue  ot  ;hit 
adt  for  the  purpofes  aforefaid. 

III.  Aid  vi  it  further  enaflid,  by  the  authority  afirefuid,  that  if  any  of  the  truftees  by  this  aft  appointed,  fhall  die* 
refuie  to  «ct  or  remove  away,  that  he  cannot  attend  tile  duties  of  his  appointment,  the  remaining  truftees  may  ap? 
point  another  in  his  ftead,  who  liuli  exercife  the  fame  powers  as  trultees  appointed  by  this  aft  ;  ;nd  when  rnet  tc  ga- 
ther within  the  ("aid  county  lha.l  have  powerand  author. ty.  to  elect  and  coi  dilute  due  or  more  tu'or  or  tutors,  and  a 
trealurer,  and  alio  toxvke  and  ordain  fuch  rules  and  regulations,  not  repugnant  to  the  laws  of  this  ftate,  for  the 
well-ordering  of  the  ftud.-nts,  their  morali,  (Indies  and  ac  ;demi<.jl  exercifes  as  to  them  fhall  feem  meet  ;  andtogive 

certificates  to  fuch  ftudents  as  li. all  leave  laid, academy,  certifying  their  literary  inerir,  in  general  they  fliull  cr  may 
do  all  fuch  things  as  are  ufbaljy  done  by  bodies  corporate  and  politic,  or  fuch  as  may  be  neceflaiy  for  the  promotion 
of  learning  and  virtue  ;  and  tne  laid  truftees  or  a  majority  ot  then  are  hereby  empowered,  and  fhall  have  lawful  au- 
thority to  remove  the  tu:or  or  tutors,  tteafurei  or  any  of  then  ,  if  they  iltall  find  it  neceffary,  and  on  the  death,  rffiow 
nation  or  refufal  to  act  of  any  of  them,  to  appo  lit  aod  elect  others  in  the  ftcad  ot  thole  dilplaoed,  dead  orrefuling  to  acl. 
iV.  And  be  it  further  en.icled,  hy  the  authority  afortfaid,  tear  the  truftees  by  this  act  appointed,  era  majority  of 
them,  an i  their  fjc«.eirors,  mall  meet  .annually  pn  the  firft  FrtJay.of  March  in  each  arid  every  .year,  cr  at  any  other 
tine  they  may  find  more  coavenicnt,  and  oieu  a  proper  porfen  out  cf  their  own  body  to  prciide  for  the  term  of  one 
year,  who  may  conv'ene-the  truftees  at  anytime  he  may  findf it  neceffary.  Provided  always,  that  he  fhall  give  teu 
days  previous  notice  ot  (uch  n  ee.i  .  >,  a  id  tliat  the  pre  lid  en  t  and  trealurer  fhall  bechofen  on  the  faid  firft  Fridjy  of 
March,  unlets  in  cafes  of  unayo         t  :»nrs. 

V.  A;.i  be  it  further  enacted  by  li..  authority  aforefeui,  that  the  treafnrerof  the  fi:d  board  of  truftees,  (ball  enier  inta 
bond  with  fufficient  fecurity  to  the  truftees,  conditioned  for  tiie  faithful  difcharge  of  the  truft  repofed  in  him  by  this 
»dr,  and  ihat  all  monies  ar.d  chattels  that  ihail  be  in  his  bands  at  the  expiration  &t  his  office,  fhall  be  immediately  paid 
iato  the  hands  of  the  lucceeding  trealurer  ;  and  every  trealurer  fhall  receive  all  monies,  donations,  gilts,  bequefts  and 
charities  that  may  belong  or  accrue  to  laid  academy  during  his  office,  anil  at  the  expiration  thereof  fhall  account  with 
the  truftees  or  a  majarity  of  them  for  the  fj.s.e,  and  on  refufal  or  neglect  to  pay  and  Jeli.er  as  aforefaid,  the  fame  mode 
•f  recovering  may  b*  had  agahift  hun  as  is  or  may  be  provided  for  the  recovery  of  money  from  fheriffs  or  other  pub.. 
tic  officers. 

Gh  AP.  XXX  f.  An  ad  empowering  the  cemtr.ijfioners  of  the  town  of  Edenton  to  convey  [art  of  the  town  commons  to  the  truf- 
tees of  Smith's  academy.   ■ 
WHEREAS  it  has  been  reprefented  by  the  truftees  of  Smith's  academy  that  they  conceive  it  would  be  for  the  in. 
tereft  of  the  inftitutiou  under  their  care,  that  they  mould  be  allowed  to  erect  public  buildings  on    the   commons 
of-  the  town  of  Edenton  ;   and  the  freeholders  and  inhsbitoiv.s  oi  that  tow  n  having  prayed  that  a  Uw  may  be  made  for 
that  purpofe  ; 

I.  Be  ,t  en  idea I  by-  the  General  Afftmbly  of  the  State  of  North  Carolina ,  cr.d  it  is  hereby  emSed  by  the  authority  of  the 
fame,  that  the  commiffioners  of  the  town  of  Edenton  fhall  be  ^uthoriled,  and  they  are  hereby  authorifed  to  make  over 
and  convey  to  the  tru  lees  of  Smith's  academy,  for  the  tble  ufeof  that  inftituticn,  a  lot  or  p.u  eel  of  ground  cut  of  the 
town  commons,  in  fuch  p'ace  as  the  truftees  may  choofe,  not  to  exceed  fix  acres.  And  whereas  it  is  reprefented, 
that  the  freemen  inhabitants  of  the  town  of  Eden'cn,  have  ntgUcted  to  choo'eccmmiflionerson  the  firft  Monday  of 
Ju'y  1  ail,  the  day  appointed  bylaw  for  that  purpofe  ;  •. 

II.  Beit  enacted  by  the authority  afore/aid,  that  the  freemer,  inhabitants  of  the  tovvr.  of  Edenton,  fhall  be  and  they  are 
hereby  authorifed  to  choofe  commitlioners  for  laid  town  on  tne  itcond  Monday  in  January. next,  who  fhall  continue  in 
eriice  till  the  firft  Monday  of  July,  . 


CHAP.   XXXII.  An  eel  for  eft 'abli filing  an  academy  at  Kir: (ton,   in  the  county  sfDcbbf,  and  to  air.tnd  the  act  efi 'abiifhitip 

the  academy  in  the  difir'S  of  Salisbury. 

WKEiREAS  liberal  fubferiprions  have  been  made  and  a  profpect  of  coi  fiderab'e    additions  towards    cftablifhin^a 
lemin:iry  <  f  learning  at  Khtflan  in    >he  county  of  Dobbs.     And  whereas  the  proper  education  of  youth  is efleii. 
tial  to  the  hai  [>i:Kfs  and  profperity  of  every  community,  and  therefore  worthy  the  attention  of  the  lepjflature  : 

L  Be  it  ena3?d  by  the  General  AJ/embly  «/  the  S/iJ/fc/ North-  Carolina,  andilis  hereby  ethilid,  by  the  authority  oj  the 
fame,  that  an  academy  be  erecled  and  tft-biifhed  at  town'  of  Kinltoii)  in  Q&bs  county,  for  the  education  cf  J  outh,  u»>. 
491-  the  ttaoie,  ittlc  and  titkj  ef  lie  Gsbbs  academy. 

il  2 


*58 

•  1 1.  A.ul be  it  farther  enabled,  bv  the  authority  aforefaid,  that  his  ExceKency  Richard  CiifiueH,  the  Honourable  d/ex- 
and-ir  Martin,  Richard  Dcbbs  Sfaigbt,  William  Blount,  Jofeph  Leech,  John  Hawks,  Jeffe  Cobh,  James  Ola/gow,  Charles 
Mar  Hand,  John  Ifter,  John  flenita^e,  Benjam'.n  Coleman  and  Join  Cocrt,  and  they  and  their  fucceflbrs,  to  be  elect- 
ed in  manner  herein  after  directed,  ihall  for  ever  be  a  bjdy  polfic  and  corporate  in  deed  and  in  name,  by  the  flile  of 
the  truflees  of  the  Deibs  academy,  arid  by  the  fame  name  they  and  their  fucceflbrs  fhall  and  may  have  perpetual  fuccefiion, 
and  be  able  and  capable  inlaw  to  receive,  take  and  enjoy  to  them  and  their  fuccefiors,  lands,  tenements,  rents  and 
•■hereditaments  of  any  kind,  nature,  quality  or  value,  in  fee  or  in  peipetuity,  and  alfo  eftates  for  lives  and  for  ye; rs,' 
and  all  funis  of  money,  goeds,  chattels  and  things  vhatfoever  of  any  nature,  quality  or  value,  for  building,  ereftmg 
and  fupporting  the  laid I  academy,  paying  fahries  to  the  prefident,  profeffors  and  tutors  thereof;  and  by  the  fame 
name  they  and  their  fucceifors  Ihall  and  may  be  able  to  implead  and  be  impleaded,  anlwer  and  be  anfwered  unto,  de- 
fend and  be  defended  in  all  courts  and  places,  and  before  all  Judges  and  Jullices  whatfoever,  in  all  actions,  pleas, 
plaints  and  demands  ;  and  to  grant,  bargain,  fell  or  aflign  any  lands,  hereditaments,  tenements,  goods  or  chattels; 
and  to  act  and  do  all  things  whatloever  for  the  u!e  aforefaid,  in  as  full  and  ample  a  manner  and  form  as  any  natural 
perfon  or  body  politic  or  corpora  e  can  or  may  by  law  ;  that  they  fhall  and  may  have  a  common  feal  for  the  bufinefs. 
of  them  and  their  fucceflbrs,  with  liberty  to  change,  break,  alter  or  make  new  the  fame  from  time  to  time  as  they 
fijall  think  proper. 

III.  And  be  it  further  en.iHed,  by  the  authority  aforefaid,  that  the  faid  truflees,  or  any  five  or  mote  of  them,  fliall 
have  full  power  and  authority  to  meet  at  all  times  when  they  fliall  think  proper  at  the  'faid  town  of  Kin/ion,  to  deliber- 
ate, refolve  upon  and  carry  into  etfeft  the  laws  and  regulations  to  be  by  them  made  for  the  government  of  the  faid  a. 
c.itlemy,  and  ihall  have  full  power  t«>  fill  tap  any  vacancies  which  may  happen  in  the  "faid  incorporated  body  of  truflees, 
by  the  death,  refufal  to*-,ft,  reiignation  or  removal  out  of  the  flaie  of  any  of  its  members,  and  the  perfons  appointed  to" 
fill  fuch  vacancies  (full  be,  and  they  are  hereby  declared  to  have  the  fame  power  and  piivileges  as  the  truttees  nam- 
ed in  and  by  this  aft. 
'  IV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  faid  truflees  or  a  majority  of  them  be,  and  they  are 
hereby  authorifee  and  empowered  to  convene  at  the  court-hqufe  in  Kirtfion,  on  the  fh  ll  Monday  in  July  next  after  the 
palling  of  this  act,  and  then  and  tilers  eleci:  and  conftitute  by  commilliun  in  writing  under  their  hands,  or  the  hands  of 
\j  majority  of  than,  and  fealec!  with  the  common  i'ed)  of  the  corporation,  a  proper  perfon  to  prefide  at  th«  faid  acade- 
my, who  fliall  be  a  truilee  during  his  continuance  in  oiiice,  and  veiled  with  the  fame  powers,  privileges  and  authori- 
ties as  any  truflee  namee!  in  and  by  this  aft  ;  and  fuch  prefident  and  the  truflees,  or  their  fucceifors  or  any  five  or  more 
of  them  at  all  other  times  thereafter,  when  met  together  in  the  laid  town,  fliall  have  fullpovver  and  authority  to  elect 
and  couftitute  one  or  more  profeffors  or  tutor?,  a  lecretary,  treat  urer  and  lie  ward  ;  -and  alfo  tomske  and  ordain  luch 
laws,  rules  and  regulations,  not  repugnant  to  or  inconfiftent  with  the  laws  cf  this  flate,  for  the  well- ordering  ami 
governing  the  (tudencs,  their  morals,  lludies  and  academical  exercifes  as  to  them  Ihall  feem  meet,  and  to  give  certifi- 
cates tofuch  Undents  as  Hull  leave  the  faid  academy,  certifying  their  literary  merit  and  progrels  they  have  made  in 
ulelui  knowledge  ;  in  gereral  they  llia-11  and  may  do  all  fuch  things  as  are  ufually  done  by  bodies  corporate  andpohtic, 
or  Filch  as  may  be  neceff ary  for  the  promotion  of  learning  and  virtue. 

V.  And  be  it  further  euafled,  by  the  authority  ('fir  if  aid,  that  the  faid  trufteesora  majority  of  them,  are  hereby 
authorifed  and  declared  to  have  power  to  remove  or  di  (place  the  profeffors  or  tutors,  the  fecretaiy,  treat urer  and  ftew- 
ard,  or  any  of  them  if  they  fliall  fird  it  necLilary,  and  appoint  others  in  their  ftead  ;  and  in  cafe  of  the  death,  refig- 
riation  or  refufal  to  a£t  of  the  prelidenr,  or  any  of  the  faid  profeffors  or  tutors,  the  lecretary,  treafurer  or  fleward,  o- 
thcrs  fhall  be  elected  by  fuch  truflees  in  the  room  and  Head  of  thofe  dead,  refignmg  or  refuting  to  aft. 

VI.  And  be  it  further  en.iEied,  by  the  authority  aforefaid ,  that  every  treafurer  appointed  by  the  truflees  aforefaid, 
ihall  previous  to  the  entering  upon  his  office,  enter  irto  bond  in  the  fum  of  one  thoufand  pounds  payable  to  the  truf- 
tees  aforefaid,  cond.tioned  for  the  faithful  difcharge  of  hisolrce,  and  the  trull  repofed  in  him  ;  and  that  all  monies 
and  chattels  belonging  to  the  faid  corporation  which  fliall  be  in  his  hands  at  the  expiration  of  his  office,  fliall  then  be 
immediately  paid  ad  delivered  into  the  hands  of  his  fucctfl'cr  in  office,  and  every  treafurer  (hall  receive  all  monies,  do- 
nations, gifts,  bequefes  and  charitier  whatfotver,  that  may  belong  or  accrue  to  the  faid  academy  during  his  office; 
and  at  the  expiration  thereof  fhall  account  with  the  truflees  for  the  lame,  and  on  his  neg'eft  or  refulal  to  pay  and  de- 
liver to  his  fucceflbr  asaforefaitl  the  monie?  and  chattels  in  his  hand's,  the  fame  mode  of  recovery  fhall  and  may  be  had 
againfl  him,  as  is  or  may  be  had  for  the  recovery  at  monies  from  fheriffs  or  other  perlons  chargeable  with  public 
monies, 

VII.  Anil  be  it  further  enabled,  by  the  muthpritj  afcrefdd,  that  nothing- contained  in  this  aft  fliall  be  conftrued  to 
prevent  the  truflees  from  diliinguifning  their  public  hall,  or  their  library,  by  the  name  of  fuch  perlons,  who  may  wiih- 
in  two  years  from  the  laid  firft  Monday  in  July  next,  make  the  molt  liberal  donations  to  the  laid  academy.  Provided 
nevertkelefs,  that  this  feminary  fhall  not  be  codftrued  to  be  one  of  thole  mentioned  or  interdeel  by  the  conflitwion. 

Whereas  it  is  deemed  neceffary  that  an  addition  ol  members  be  made  to  the  board  of  truflees  of  the  Salifbury  acade« 
my  : 

VIII.  B:  it  further  enacled,  by  the  authority  e for efaid,  that  the  Reverend  Robert  Archibald,  Adolphus  Huffman,  and 
Dollar  Thimas  Donneil,  be  added  to  the  board  of  truflees  cf  the  Sali/l  uy  academy,  and  be  veiled  with  the  fame  pow- 
ers and  authorities  which  any  of  the  truPeees  aforefaid  are  vejLu  with,  by  an  aft  of  the  General  Afleitbly  for  the  en- 
couragement of  learning  in  the  diltrift  of  SaUfvury. 


1S9 

Chap.  XXXV.  Art ail  lolmpmuer  certain  pcrfons  therein  r.amed to  receive,  fue for  and  recover  all 'fitch  leijueffs,  dor.ati. 
ons,  benefactions  aid  other  things  as  have  heretofore  Ueen  bequtathed,  given  or  made  by  uiy  per/on  or  pcrfons  ■wlatfiever, 
fir  the  ufi  of  the  'congregation  or  fociety  of  the  Prefoyteriaji  communion  at  Wilmington. 

WHEKEAS  there  have  been  donations  and  beq'iefts  made,  and  monies  raifed  by  fubferiptions  for  purchafing 
ground  and  creeling  thereon  a  prefoyterian  church  or  houfe  of  worlhip  ;  and  it  is  fu£ge(ted  that  pround  haih 
b;en  purehaied  for  thai  purpole,  but  thac  tor  want  of  legal  authority  to  call  the  pofleffbrs  to  account,  fuch  donations, 
bequeits,  monies  and  grcund  are  in  danger  of  being  loft.     For  prevention  whereof  : 

I.  Be  it  enabled,  by  the  General  AJfemblj  of  the  Gate  of  North-  Carolina,  and  it  is  hereby  enacled  by  the  authority  of  the 
fame,  that  J'ohrrHitt,  Thomas  Wright,  John  Hajke,  Thomas  Machine,  Robert  Wells,  Join  Bradley ',  and    James  Read, 

El'quires,  iliall  be  and  they  are  hereby  declared  to  be  truftees  for  receiving  and  taking  into  their  poflelfion,  all  and 
•iin^ular  the  donations,  bequeft-,  benefactions  and  monies  w  hich  have  heretofore  been  given,  bequeathed,  made  and 
raffed,  and  a!l  and  lingular  the  lands  and  hereditaments  which  have  been  purchafed  for  the  ufe  and  benefit  of  the  con- 
gregation or  Society  of  the  Presbyterian  communion  at  Wilmington  ;  and  the  dilcbarges  or  releales  of  the  laid  truftees, 
or  a  majority  of  them,  Shall  be  {efficient  to  exonerate  all  and  every  perfon  and  perlous  who  may  be  polTtfi'cd  of  any  of 
the  faid  donations,  bequefts,  benefactions,  monies,  or  land  and  hereditaments,  given,  bequeathed,  raifed  orpu'rcha> 
fed  for  the  purpofe  aforefaid. 

II.  And  be  it  further  enacled.,  by  the  authority  aforefaid,  that  the  faid  truftees,  or  a  majority  of  them,  fhall  be  and 
they  are  hereby  impowered  to  commence  and  prof.-cute  any  Suit  or  fuits,  either  in  law  or  equity,  againft  any  perfon  or 
perlons  who  may  refufe  to  account  lor  ;ind  deliver  up  to  them  the  laid  truflees,  any  donations,  bequefls,  benefactions, 
monies,  or  lands  and  hereditaments,  in  his,  her  or  their  hands  and  poflelfion  ;  and  which  had  been  given,  bequeath. 
ed,  raifed,  fublcrihed  or  purchafed,  for  the  purpofe  aldrefaid  ;  anil  to  proceed  to  judgment  and  execution  thereon: 
and  when  fuch  donations,  bequells,  benefactions,  monies,  lands  and  tenements,  (hall  be  recovered  and  received,  the 
lame  to  apply  to  fuch  lilies  as  the  laid  congregation  or  fjciety  Hull  direct.  Provided  always,  and  be  it  enacled,  by  the 
authority  aforefaid,  that  the  faid  truftees  before  entering  upon  ihe  execution  of  their  truft,  fhall  give  bond  in  the  court 
of  Nevj'Haiover  county  in  the  Sum  of  t«  othcufand  pounds  Specie,  payable  tothe  Governor  and  his  fuccclTors,  conditioned 
for  the  faithful  execution  of  the  truft  repofed  in  them  by  this  act,  and  upon  breach  of  the  condition  thereof  by  any  one 
or  more  of  the  faid  truftees,  the  faid  bond  may  be  put  in  fuit  by  any  five  of  the  faid  congregation  or  fociety,  and  the 
monies  recovered  thereon  Shall  be  applied  by  the  Governor  for  the  time  being  to  the  uie  of  t&e  faid  congregation  or 
fociety  ;  or  at  the  requeft  ot  a  majority  of  them  may  be  lent  out  at  intereft  en  fufficienc  fecurity  by  bond  payable  to 
the  Governor  aforelaid. 

Chap.  XXXVII.  An  ail  to  impo-wer  Roberfon   Mumford  and  James  Porterh'eld  to  receive   florage  of  tobacco  infpecled 
and  depofited  in  fuch  'warehoufe  or  houfes  as  they  frail  build  at  Fayetteville. 

BE  it  enacled,  by  the  Ceneral  Affembly  ot  the  State  o/'North-Carohna,  and  it  is  hereby  enacled,  by  the  authority  of  the 
fame,  that  it  lliall  and  may  be  lawful  for  Rcber/on  Mumford  and  James  Porterftld,  their  heirs  or  afligns  for  the 
term  of  twenty. one  years  from  the  palling  of  this  a<£t,  to  take  and  receiv.  a  ftorage  on  tobacco  infpecled  and  depofited 
in  the  faid  wara-houfe  or  houfes  at  the  following  rates,  that  is  to  fay,  four  fliiliings  for  each  hogfhead  of  tobacco  in- 
lpocted  in  the  faid  warehoufe  or  houles.  Provided  it  does  not  lay  in  (aid  warehoufe-  or  houl'es  more  than  twelve 
months,  and  one  Shilling  per  month  for  each  hop, (head  that  fhall  continue  in  the  faid  w.-.rehoufe  or  huules  ovlt  and  a- 
bove  twelve  month*,  to  be  paid  by  the  perfon  taking  out  or  removing  fuch  tobacco  from  the  faid  warehoufe.  And 
provided  the  faid  Mumford  and  Porterficld  do  and  fhall  keep  the  faid  warehoule  or  houfes  in  good  and  fufficient  repair  for 
the  infpecticn  and  ftorage  of  tobacco. 

Chap.  XXXVIH.  An  ail  vcfling  certain  property  lying  and  being  in  Granville   county  in  Mary  Alfton  Be!),    in  fee- 

Jimple.] 

W 'HERE  AS  it  is  reprefented  to  this  General  Afiembly,  that  in  the  year  one  thoufand  feven  hundred  and  feventy- 
five,  a  gift  was  made  by  George  A  If hn  to.  Mary  Alfron  Bell  of  certain  lands  and  one  negro  boy  named  Cafar, 
which  in  the  opinion  of  lome  of  the  citizens  of  this  ftate  have  fince  become  confifcated  :  for  prevention  of  which, 
I.  Be  itenailed,  by  the  General  Affembly  tfthe  State  o/Nerth-  Carolina,  and  by  the  authority  thereof ,  that  the  title 
of  certain  tracts  of  land  in  Granville  county,  which  the  faid  Alf.'on  purchafed  ot  Malachi  Reaves  and  Anne  Hopkins  a. 
bout  two  hundted  and  feve'nty  acres,  and  alio  a  certain  negro  named  C*/<vr,  be  and  is  hereby  vefted  in  the  faid  Ala' 
ry  Alfton  Bell,  her  heirs  and  afligns  forever,  any  law  tothe  contrary  notwiihftar.ding  ;  faving  neverthelefs  to  all  per* 
fo.is,  all  rights  to  the  property  aforefaid  not  claimed  under  the  faid  George  Alfton. 

Chap.  XXXIX.   An  ail  to  vefi  the  efale  o/Richard  Cafwell,  junior,  in  truftees  fir  the  benefit  of  his  creditors. 

WHEREAS  it  hath  been  reprefented  to  this  General  Afiembly,  that  Richard  Cafwell,   junior,  late  of  Kinlion,  in 
Dobbs  county,  being  a  perfon    in  trade,  with  a   view  to  extend  his  commerce  went  to  South- Carolina,  in  she 
month  of  November,  one  thduland  leyen  hundred  and  eighty-lour,  and  at  Charleflon  look  up  a  confiderabie   quantity 


i6<y 

of  merchandize,  principally  on  credit,  and  with  the  fame  he  failed  from  thence-  on  the  27th  day  of  December  in  the 
fame  year,  on  board  a  fchooner  bound  to  Nevsbern  in  this  (late,  fince  which  no  certain  intelligence  has  been  obtained 
of  him,  whereby  it  is  apprehended  the  refTel  foundered  at  fea  and  he  is  loll  ;  but  as  this  is  uncertain,  no  perlon  can 
leg  illy  collet  his  debts  or  difpofe  of  his  property,  which  is  confiderable  in  value  ;  ar.d  as  he  is  not  only  indebted  for 
the  greateil  part  of  the  goods  lb  purchaled,  but  alio  to  (undry  inhabitants  of  this  (late,  who  as  well  as  the  (rends  aid 
thofe  nearelt  of  kin  to  the  laid  Richard  Cof-well,  have  befonght  the  General  Amenably  tovt.it  the  eltate  of  the  faid  Rich, 
grd  Cafvjeil  in  trullees  for  the  benefit  of  his  creditors  :   therefcte, 

I.  Be  it  enaded,  by  the  General  Affembly  of  the  State  of  North-Carolina,  audit  is  hereby  eraded  hy  the  autkr.fl/y  of 
the  fame,  that  the  rvhole  eftate  of  the  afatefaid-  Richard^ Qafmell,  jun.  both  real  and  perianal,  be  and  the  lame  hereby  is 
relied  in  James  Ghifgi-ui,  Francis  Childs  and  B>yan  11  hi'ft'.d,  as  tri.itees  to  and  for  the  ufe  and  benefit  of  the  credU 
tors  of  the  faid  Richard  CafvitU  in  the  firil  inltance,  and  afterwards  to  the  ufe  and  benefit  of  the  faid  R'ul.ard  Cafwellt 
his  heirs  and  alligns. 

jI.  And  be  it  further  enabled)  hy  the  authority  ofovefci J,  that  the  faid  truftees  or  a  majority  of  them,,  ibe  furvivcrs: 
or  furvivor  of  tnein,  be  and  they  hereby  ?re  impowtred,  authorised  and  required,  to  take.iiito  their  gcflelEcn  all  the 
ellate  of  theaforefaid  Richard  CafiueU,  both  real  and  perlbnal  ;  and  in  cah:  of  refui'al  or  neglect  of  any  perfuo  or  per- 
fons  to  deliver  u,i  tli^.  poiTellion  of  any  cei\  eftate,  or  tj  deliver  upany  perfonal  property  belonging  to  ihe  laid  R.ichur4 
Cafwell  to  the  faid  trullees,  or  to  pay  to  them  any  debt  or  demand  which  the  \.vAj(icl a,\!  CafnacB  had  or  has  againfh. 
luxh  perfon  or  perfons,  the  faid  tiallees  are  hereby  further  au. honied,  irnpowcred  and  required  10  commence  ar.d 
profecute  any  fuit  or  liiits,  either  in  law  or  equ'ty,  for  the  recovery  of  the  lame,  in  .is  full  and. ample  manner,  to  all 
intents  and  purpofes,  as  the  faid  Richard  Ca/vfetl couldlawfally  do  if  he  was  personally  jrefei  t,  and  acquittances  ar.d 
dilcharges  to  grant  which  ihall  in  all  cafes  be  binding  0.1  the  (aid  Richctjl  Cqfyell,  hi.  heir.  1  xgOLttors,  udmiimlratcrs; 
and  alfigns  for  the  fime. 

III.  And  be  it  further  enabled by  the  authority  afore/aid,  that  the  truftees  aforefaid,  cr  3  m  jjor  v  v  ot  them,  the  fur. 
y'.vor  of  them,  flull  as  foon  as  convenient  may  be,  advernfe  in  fpme'orJe  cr  more  of  the  Nona  Carolina  pev. s-papers,.. 
Lheir  appointment  as  truitaes  aforefaid,  and  require  all  perfons  v>  ho  have  any  demands  agair.ft  the  faid  Richard  Caj\ 
•well  to  produce  the  lame  properly  authenticated,  to  j'ome  one  or  more  of  the  (aid  trullees  within  tjl'rg/e  mpnths  af:e£ 
the  date  of  fuel)  advet  tifement,   which  (hall  be  continued  hi  the  news  papers  during  the  faid  time. 

IV,  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  faid  truftees  after  g,i:-iug  three  months  notice  fli  ill 
fell  all  or  luch  part  of  the  real  and  perfonal  eftate  of  the  (aid  Richard  C  of  veil  as  msy  Le  luiiic.ent  co  enable  them,  to  dif? 
charge  his  debrs  upon  a  credit  of  twelve  months,  the  purchafer  or  purchalers  jj  1  vit. «r  bond  with  approved  fecjirijjr, 
payable  to  the  faid  truftees  for  double  the  fum  by  hi»i  or  them  purchafed  ;  and  the  (aid  trullees  cr  a  majority  of  them, 
the  furvivors  or  furviyor  of  them  are  and  is  hereby  authorifed  to  execute  deeds  off;  le  to  Inch  purcha  cr  or  purcha- 
sers which  fhail  enfwe"  tofuc'i  purchafer  or  purchafers,  and  have  the  lame  et.'edl  in  every  refpect  as  if  granted  by  thd 
aforefaid  Richard  (a fw ell  or  h's  heirs,  lo.  as  to  covey  all  the  light,  title,  inttreit  and  nioperty  which  the  faid  Richard 
C  a  fused  or  his  heirs  have  of,  in  and  to  the  fame. 

And  whereas  it  may  fo  happen  that  the  whole  eftate  of  the  faid  Richui  d  Caf-wt'J,  jun.  may  net  1«J1  for  a  fem  iuffi. 
cient  to  pay  and  fatisfy  the  whole  demandi  of  his  creditors  : 

V.  Bs  it  entitled,  by  the  authority  of ore/aid,  that  in  cafe  the  v.  hole  eftate  when  fold  agreeable  to  the.  directions  of 
this  (tate,  mdl  not  be  (ufficicnt  to  dhcharge  alhhe  legal  demands  againlt  ihe  fame,  that  then  and  in  fuch  cafe,  th« 
irullees  a'orefaid  or  a  majority  of  them,  the  furVivors  or  furvivor  of  thcra, ;  re  and  is  hereby  authorifed  and  impewer. 
ed  to  make  an  equal  diftribution  among  the  creditors  of  the  laid  Richard 'Cafwell ,  due  regard  being  had  to  each  credi. 
tor's  demand,  fo  as  to  pay  an  equal  rate  in  the  pound  of  all  huh  dem,  nds. 

VI.  And  be  it  further  enabled,  by  the  authority  aftrefuid,  that  the  trullees  dfrrelaid  be  and  they  are  hereby  required 
to  compleat  the  bulinefs  of  their  truft  within  two  years  from  the  palling  of  this  act,  and  to  render  an  account  of  their 
proceedings  on  oath  to  the  csurt  of  the  county  of  Dobb;,  where  the  fame  (had  be  entered  on  record  for  the  benefit 
and  fecur  ty  of  all  perionsconcerned.     perhaps  enure*. 

Chap.  XC.  An  *a  to  prevent  the/ale  of  fuch  of  the  lands  of Ralph  Ma'nair,  dec.  as  remain  unfold  .in  this  /}  ate,  and  to 
^tippwer Edward  Hall,  of  Edgcomb  county,  cxecuttr  of  the  loft -will  a>.d  tef/antent  of  the  faid  Ralph,  to  colled  the 
debts  due  from  the  in/  ahilutits  of  this  late  to  thefald  Ralph,  -which  huve,  become  due  lo  him  Jinct  the  ptjjng  of  the  L-jj 
comsnoniy  caiUd ihe  expuljion  ad. 

'  THER£AS  the  property  of  Ralph  Mdotair,  late  of  this  (late,  by  his  departing  the  fame,  under  the  direiftion  of  th« 
law  commonly  called  the  expulfion  adt,  lias  become  confilcated  to  the  ule  of  the  (tate,  and  the  faid  Ralph,  be- 
ing  now  dead,,  and  leaving  behind  him  three  beiplefs  orphans  of  tender  years,  and  in  very  diitreffed  lircuniitances,  in, 
behalf  of  whom  Edward  Hall,  executor  ot  the  (ad  Ralph,  hatli  petitioned  this  General  AilVn.bly,  on  which  a  commit, 
tet  huh  reported  as  follows  :  "  Your,  committee  recommend  tiiat  ihe  falecf  two  tr.ncts  cf  land,  late  the  property  of 
the  f  lid  Ralph  Macuair,  now^orr|ifcated  and  adyertiled Jor  file  by  ArchibMLytle,  Efq.  comrr.  limner  of  HiUfhoroygh 
6  hri:t,  be  lulpet.ded  until  the  n2>.t  felhon  of  Alfenibly. ;  ami  that  the  laid  Ed-ward  Hall  be  empowered  to  collect  tha 
#ebts  due  to  the  HI.  te  of  the  (aid  decealtd,  and  mask;  due  return  tt« »of  ty  ilj©  ntttl  Ocuerdi  rtfieiubly  ;"  which '  lif 
jtoi  t  tuth  bc«a  contuj/ed  wiih^ 


W 


i5t 

I.  Be  it  therefore  tr.eSci,  ly  the  General  Afjembly  rf  the  Slat*  o/North-CaroIma',  and  it  it  hereby  truttted,  by  the 
Authority  of  the  fa  tie,  that  from  and  afier  the  palling  this  ait,  no  fa!e  or  fales  fhall  be  made  of  any  part  of  the  proper- 
ty of  .the  (aid  Ralph  Macnadr,  dec.  by  any  of  the  commifiioners  of  confiscated  property  in  thisitate,  until  further  di- 
re£ted  by  the  General  AlTembly,  any  law  to  the  contrary  notwithfhndirig. 

I!.  And  belt  further  er.aSed,  by  the  authority  a'.r'ftid,  that  the  laid  Edward  Hall,  as  executor  to  the  Inft  will  and 
teftament  of  faid  Ralph  Macnair,  dec.  ihall  have  fall  power  and  authority  to  lue  for  and  recover  all  debts  due  and 
o\rincr  to  the  faid  Ralph,  which  have  become  due  to  him  (i.i.e  the  paiTing  of  the  law,  commonly  called  the  expulfion 
aic,  aov  law  to  the  contrary  notwithstanding.  Pnvidait/lw'ay*,  that  nothing  herein  contained  fhail  enable  the  iaid 
Edward  Holl  to  collect  any  debts  due  to  Ralph  and  Ebenezer  Macnair. 

ill.  Aldus  it  further  enaeled,  by  t 'fie  authority  af  re  fail,  that  the  laid  Ediuard  //«// fhall  lay  before  the  General  Af- 
fembly  as  foon  as  may  be,  after  he  fhall  have  complea'ed  luch  collsclion  as  aforefaid,  an  account  cf  all  fuch  ftims  as  he 
may  have  received  by  virtue  if  this  aft,  in  order  tharthey  may  judge  what  part  Ihall  be  appropriated  to  the  u!e  of  the 
orphans  of  the  aforefaid  Ralph  Macnair.  Provided  neverthtlefs ,  that  no  luits  fhall  be  commenced  for  the  recoi  fry  of 
acyof  the  debts  herein  mentioned,  until  after  thefirit  day  of  July  next. 

i __£ 

Chap.  XLI.  Ah  at!  for  the  relief  oj  Mercy  Bedford,  and  to  veft-  in  the  heirs  c/Jonas  and  Mercy  Bedford  the   landed '  ef. 

tate  ofthefald  Jonas  Bedford. 
"1X/HEREAS  it  has  been  made  appear  to  the  fatisiaftion  of  the  General  AlTembly  of  the  fhteof  North.  Carolina    that 

▼  »  Jonas  Bedford,  formerly,  of  the  county  of  Ruthciford  in  the  laid  ftate,  did  in  the  year  one  thouland  fcveri'  hun- 
dred and  eighty,  abandon  his  laid  wife  Mtrcj  Bedford,  and  her  children,  by  joining  the  Britilh  aimy,  with  whom  the 
faid  Juiisdid  leave  the  fUteaud  has  not  yet  returned,  leaving  his  fad  v.  he  and  children. in  verv  oreat  diftrefs-  and  as 
it  is  reatonable  and  jult.  that  the  real  and  perfonal  eftate  of  the  laid  Jonas  Bedford  Lhould  be  appropriated  to  the  pavment 
of  his  debts  and  to  the  tile  and  lupport  at  his  wife  and  children  ; 

.  I.  Be  it  th.  r.fre  er.t.B.a  by  the  Geuefal  Affcinbiy  oflhi  Stale  oj  North-Carolina,  and  it  is  hereby  enaeled,  by  the  autho- 
rity of  the  fame,  that  the  faia  . Mercy  Beelferd  be  enabled  and  empowered  to  fell  the  perfonal  eftate  of  the  laid  Jor.as 
Bedford,  and  to  collect  the  debts  due  to  tier  laid  hufhand,  and  after  paying  the  debts  due  from  the  faid  J >xas,  to  an. 
ply  the  balance,  together  with  the  faid  perfonai  eftate  or  amount  thereof  to  the  fupporr.  of  hcrfelt  and  children. 

II.  And  belt  further  etucled,  by  the  authority  aforefa  d,  that  the  heirs  of  the  hid  Jonas  and  Merry  Bcdfrrd  be  and 
they  are  hereby  vcfteu  vi  itii  ^bloline  right  in  fee  fimple,  of  and  to  all  the  landed  eitate  of  the  laid  Jonas  Bedf.i  d'\n  as 
full  and  ample  maimer  as  they  ccuid  have;  been  by  a  deed  of  gifc  to  them  for  the   fame  from    their  laid  lather  Jonas 

.  Bedford. 

Chap.  XLIT.  An  acl  to  reflore  to  Edward  Bridgiti,  bis  heirs  andafp.gns,  all  lis  properly,  real  and  prrfonal  in   thisfiatc, 
\X/"HEKEAS  the  eltate  of  Edward  B'idgin,  merchant  of  London,  hath  been  confifcated  by  the   laws  of  tl.is  flare 
*  "    and  whereas  a  committee  of  the  General  Aflembly  have  reported  they  are  of  opinion  that  the  fiid.Edward  Etid- 
gin  is  entitled  to  every  indulgence  of  the  legiflaiure  : 

I.  Be  it  therefore  eracled,  I y  the General  AfJembly  of  the  State  of  North-Carolina,  and  it  is  hereby  en  tied,  ly  the 
authority  of  the  fame,  rhat  all  me  real  and"  perional  eftate  BTftie  Taief  A'dwarTBrTdg'tn,  lying  and  being  in  thii  ftate 
LOiififcatecl  as  aforefaid,  and  asyet  undifpofed  of,  and  the  amount  of  purchale  money  or  ©^ligations  for  fuch  part  a* 
has  been  (old,  be  and  Si  hereby  reflored  to  him,  his  heirs  and  atligns,  and  ihall  not  be  liable  to  the  operation  of  any 
confutation  iaw  hereioiore  made. 

Cha?.  XLIII.  An  ail  to  releafe  certain  perfens  therein  mentioned,  from  judgment  in  forfeited  recognizances,  and  to    in:- 

power  the  judges  to  fufper.d  judgments  hi  re  after  to  be  given  in  like  ca/es. 
"T  nT7HEREAS  Simon  Terrell  and  jofeph  Kirk  were  bound  by  recognizance  in  a  fum  of  currency  equal  ro  abcut  two 
*'  hundred  and  iixcy  pounds  fpecie,  for  the  appearance  of  a  certain  William  Rains,  before  the  fuperipr  court  of 
Villfoorov.gh  d  ftrift,  ro  anfwer  certain  charges  then  10  be  exhibited  againft  him  ;  and  whereas  it  is  fully  and  clearly 
repretented  to  this  General  AiTembly  that  the  faid  Simon  Terrel and  joftph  Kirk,  did  deliver  the  body  of  the  faid  Wil- 
liam in  rp-n  court,  ag-ecable  to  the  tenor  of  their  faid  recognizance,  that  neither  profecu'or  or  evidences  appearing  a- 
gainit  the  faicl  William,  he  was  difcharged  from  the  bar,  paying  fees$  which  delivery  and  difchar.ge  the  clerk  of  (aid 
curt  failed  to  record;  lb  that  the  faid  recognizance  was  app.irently  forleited  and  judgment  paiTed thereon,'  and  -\he 
elfefts  of  the  f  id  StmoH  and  jofeph  :re  now  liable,  to  be  fold  by  execution  to  latisfy  the  laid  judgment  ;  and  whereas  it 
is  further  reprelented  that  the  fa:d  Simon  and  Jofeph  are  men  «  ith  families  and  but  very  moderate  fortunes  and  that 
the"  execution  of  the  faid  judgment  would  ir.ijultly  diilrels  them  and  their  families  :  | 

I.  Be  it  enaeled  by  the  Genera!  /ffmbiy  of  [he  State  if  North-Carolina,  and  it  is  hereby  enaeled  ly  the  authority  of  the 
fame,  th' t  the  faid  Simonlernll  and  JojrphKirk,  be  and  they  are  hereby  releafed,  and  fully  and  entirely  difcharsicd 
from  ths  forfeiture  and  judgment  aiorefaid,  in  the  fame  manner  as  if  the  faid  forfeiture  and  judgment  had  never  han» 
pencd. 

5  * 


I<2 

II.  And  be  it  further  enacled,  ihnt  Join  John  of  Ruti'etyoP  '  fttwJWry  (ha1;  b?  nrtJ  is  hen  by  repealed  From  a  judgment 
given  on  a  forfrited  recognizance  for  the  appearance  of  J'a -i:/  Jr>ij.r,ug,  in  the  Inferior  court  of  Morgan  diflrict,  it 
having  been  rnide  man  tfeltto  this  Alic-mby  tba' .the  faiu  J  o  Jones  was  renJered  unable  by  the  'ofs  ol  his  eyes,  be 
fore  tfee  day  uf appearance  mentioned  in  ine  laid  recognizance,  to  produce  the  body  of  the  principal. 

7  be  l.fi  Stilton  CbjJete. 


Chap.  XL1V.  An  ad  for  -appointing  a  treafurer  in  the  diflricl  of  Edenton,  for  the  purpofe  of  calling  to  account  the  com- 
mi/f  oners  for  building  a  public  gad  in  the  di/tricl  aforefaid. 

WHEREAS  the  ruinous  condition  of  the  puolic  g  10I  in  the  ciil-trict  of  Edenton,  and  the  earneft  defire  of  the  repre- 
ientatives  of  the  people  of  that  diftrici  for  eredting  a  public  gaol  for  the  lecurity  of  felons  and  othei  s,  have  here- 
tofore induced  the  General  AU'embly  to  pafs  ('liferent  act*,  therein  laying  a  tax  on  the  inhabitants  of  that  diftrict  for 
thepurpofe  aforefaid,  and  appointing  comiiiifJijuers  for  receivin.,  and  applying  the  faid  tax,  which  have  not  anfwered 
the  good  purpofes  expt  dted  : 

I.  Be  it  therefore  enaBcd  by  the  General  Ajjembly  of  the  Slate  of  North-Carolina,  and  it  is  herebv  er.acled,  by  the  au- 
thority of  the  fane,  that  from  and  after  the  paffing  or  t'lis  act,  1 homas  Vail,  E!q.  be  and  is  hereby  appointed  treafurer 
for  the  diftrict  and  purpofes  aforefa  d,  who  is  hereby  veiled  with  full  power  *nd  authority  to  oil  to  acceunt  the  prelenc 
andali former  commilfioners,  all  collecliTsand  Iheriftswno  heretotore  and  (ince  tbetirftda/of  January,  one  thoufand 
feven  hundreti  and  feventy-four,  have  been  impowered  by  la*-  for  the  purpofe  of  collecting  the  laid  gaol  tax,  within 
the  diftricl  aforeiaid  ;  and  in  cafe  of  the  refufal  or  neglect  of  the  connniflioners,  fheriffs  and  collectors  or  either  of  them, 
to  render  a  jult  account  of  their  tranfactions  to  the  treat'  irer  aforefaid,  and  to  pay  the  balance  of  their  refpecti»e  ac- 
counts, in  luch  cafe  the  treafurer  is  hereby  impowered  and  required  to  pioceed  aganft  luch  delinquents  to  obtain 
iud-ments  for  the  balances  due,  in  the  fame  manner  as  is  directed  by  Jaw  for  the  public  treasurer  to  obtain  judgments 
agaiuft  delinquent  fherifts  for  the  nonpayment  of  public  taxes. 

II.  And  be  it  further  entitled,  by  the  autlxrii y  aforefaid,  that  the  money  when  collected,  and  in  the  hands  of  the 
faid  treafurer  fhall  be  applied  folely  to  the  purpofes  for  which  the  faid  tax  was  laid,  and  lhall  be  lubject  to  (he  orders 
or  draughts  cf  therommitfioners  for  the  time  being,  whole  orders  and  draughts  (hall  be  lutficient  vouchers  for  the 
treafurer  in  thefettlement  of  his  accounts. 

III.  And  be  it  further  er.acled,  by  the  authority  aforefaid,  that  the  (aid  treafurer  (lull  enter  into  bord  with  fufTicient 
fecuriiy  in  the  fum  often  thouland  pounds  current  money,  payable  to  his  Excellency  the  Governor  for  the  time  being, 
cr  hit  fucceflors  in  cilice,  conditioned  for  the  faithful  dilcharge  of  the  truft  repofed  in  him,  and  lhall  annually  at  the 
firft  court  which  Hull  be  held  for  the  county  of  Chowan  after  the  hrft  day  of  March,  in  each  year,  render  a  jull  ac- 
count of  the  monies  by  him  received  for  the  purpofes  aforefaid,  and  his  expenditures. 

IV.  And  be  it  further  enacled,  by  the  authority  aforefaid,  that  to  enable  the  faid  treafurer  to  procure  teftimony, 
commence  and  profecute  fuits,  for  recovery  of  the  (balances  aforefaid,  and  for  full  compeirfatou  for  his  trouble  and 
expences,  it  Hull  and  may  be '.awful  for  the  faid  treafurer  to  receive  a  commiffion  of  ten  per  cent,  is  all  monies  receiv- 
ed into  his  office  for  the  perpofes  aforefaid  ;  the  money  receded  by  the  lare  coiiimiiiiuweis  excepted,  for  which  he 
fhall  receive  two  and  half  per  cent. 


Chap.  XLV.  Anacl  to  alter  the  place  of  holding  the  ctunty  court  of  B.  aufort  c :unty,  from  Bath  to  the  town  of  Wafh- 
ington  in  faid  county,  and  to  creel  a  new  court,  hou^c,  fr.ion,  pillory  and  flocks  in  faid  county. 

WHEREAS  it  is  found  that  the  lituation  of  the  court  houle  in  Beaufort  county  is  inconvenient  to  the  greateft 
part  of  the  inhabitants  thereof,  ■which,  together  with  the  ruin;. us  condition  of  the  court  houle,  &c.  and  the 
want  of  accoinmooation  for  perfons  obliged  to  attend  on  courts  ami  -other  public  bu'hieii,  at  the  p. ace  where  the  courc« 
houle  now  Hands,  renders  it  neceflary  to  alter  the  place  of  holding  courts  to  the  ►own  of  tVii&U'giorl  ■ 

I.  Be  it  therefore  enacted,  by  the  Gen:  r J  Affembly  of  the  State  of  Nortr-.CarOiina,  unlit  is  hereby  enacled,  by  the 
authority  of  the  fame,  -that  Nathan  t'eas,  Richard  Blacldedge,  ant!  J'feph  Palmer,  be  and  they  are  hereby  appointed 
commissioners  to  erect  a  court  houv,  prii'on,  pillory  and  itrtks  for  the  lire  of  tee  laid  Vdunfy,  and  they  or  a  majority 
of  them,  toagree  with  workmen  tobuild  and  firailh  tl.e  fame  at  the  town  oW/ahington  in  faid  'county,  and  if  one  or 
more  of'tlie  laid  commilfioners  fhculd  die  or  remove  from  -the  laid  county,  then  the  (urvivor  or  lurvivjrs  fhall  elect 
and  choofe  another  or  other  commil'ioners  to  act  m  his  or  their  Head. 

II.  And  be  tt further  enacled,  by  the  authority  aforefaid,  that  the  laid  commifltoners  are  hereby  iinpowered  to  re- 
teive  all  fubicri'ption  money  now  collected  or  to  be  collected  for  building  a  co>jn-houfe  for  the  ufe  of  the  laid  county 
in  the  town  of  Wuflfmgton,  of  not  lels  dinienfions  th*t.  forty  by  twenty  five  fcer,  and  lutEcieritly  and  comp'.eatly  ffn  fli 
the  fame,  and  not  to  proceed  in  the  fulfilling  this  act,  until  an  ample  fum  is  vefted  in  their  poffetlion  by  fubicription. 
tor  baild'BlK  faid  court-honfe,  prifon,  pillory  and  flocks. 

III.  And  be  it  further  e;iacl-:d,   by  the  authority  aforefaid     that  the  Juflices  of  the  county  fhall  an  the  fir  11  court  of  faid 
co-.inty,  which  (hill  ba  held  after  t.ie  lift  day  of/-*-/"  V  next,  adjourn  the  court  to  tne  fchool  hotil'e  which  Hands  oil 
the  public  lot  in  the  town  of  JV»!h  n  ;/)'.',   provided  it  fhall  be  made  ar>pear  tmiism  there  is  a'firfficient   fum  lodged  in  ' 
the  hauls  of  the  cammiffioners  for  completing  the  buildings  by  this  act  inrtended  to  be  bui  t  ;  and  all  luits,  action  , 

plaints  a;id  pleas,  »nd  other  matters  anJ  things  before  line  laid  xourt  then  depending,  and  undetermined  fhall  fta  d 


i6? 

adjourned  and  continued  .iccordingTv,  and  al!  and  evrrv  p*rfon  and  perfon?  having  day  in  the  faid  ourt  rnd  witnefl'es 
ihall  be  bound  and  obliged  to  appear  at  the  fame  according  to  fuch  adjournment. 

IV  .  And  be  it  further  euacled,  by  the  authority  aforefaid,  chat  the  laid  Juft'.tes  are  hereby  imp  nvered  to  fell  the  old 
courthnufe,  and  apply  the  money  arifing  born  fuch  (ale  lo  the  ufe  of  the  county  lor  the  contingent  charges   thereof 

V.  And  be  it  en.ul.d,  by  the  authority  afore/aid,  that  the  Juftices  of  the  iaid  county  Jhall,  previous  to  felling  laid 
publx  buildings,  caule  the  fame  to  be  advertifed  publicly  at  the  door  of  faid  court-honfe  and  other  public  places  in  faid 
county,  at  leaiftwo  nunths  before  inch  fale  ;  which  when  made  (hall  be  dee  ned  lawful,  and  the  Juftices  of  faid  coun- 
ty or  any  three  of  them  are  hereby  impowered  and  required  to  make  a  title  to  the  perJon  purchafing  the  fame. 

VI.  And  be  it  further  en  sifted  by  the  authority  aforefaid,  that  all  and  every  act  and  acts,  claufe  and  article  heretofore 
made  for  any  thing  within  the  purvicv  of  this  act,   is  and  are  hereby  repealed  and  made  void. 


Chip.  XLIX.  An  nil  to  alter  the  manner  of  .holding   eUBions  for  members  »f  the  General  JfferrMy   in  New-Hanover 

county. 

WHEREAS  the  mo!*  northern  part  of  the  ceucty  of '  Ne.v  Hanover  is  at  lo  a  great  diftance  from  the  town  of  Wil- 
mington, that  it  it  extremely  inconvenient  and  burthenfome  for  poor  perfons  to  attend  th"  elections  of  mem. 
bers  for  the  laid  county,  whereby  many  perfons  are  prevented  from  giving  meir  futii ages  for  perions  to  reprefent 
them  in  the  General  AlTembly  :  for  remedy   whereof, 

I.  Be  it  ensiled,  by  the  General  dffembly  of  the  State  rf  North-Carolina,  and  it  is  hereby  enacled,  by  the  authority  of 
the  fame,  that  from  and  after  the  pairing  of  this  act  the  annual  elections  for  the  laid  county  (hall  be  held  and  taken  in 
the  following  manner,  that  is  to.  fay,  the  election  fr.all  begin  at  the  houfe  oi  John  Larkins,  Efq.  the  day  precedin-r 
the  ihitd  Friday  in  Augu/t  in  every  vear,  and  (hall  continue  until  funfer  of  the  fame  day  in  manner  by  law  directed) 
when  the  iheruf  and  mlpectors  lliall  feal  up  the  bailor  boxes,  and  on  the  day  following  (ball  proceed  with  the  boxes 
and  the  feveral  lilts  ot  voters  by  them  taken  to  the  town  of  Wilmington  •  and  on  Saturday,  be;ng  the  ic  day  of  the 
annual  election  tnioughout  the  ftate,  the  poll  ihali  be  opened  at  ]l":!mir.gion,  the  teals  taken  off  the  ballot  boxe;,  and 
the  election  continued  u  ml  iuniet  for  iuch  of  the  county  electors  who  (hall  not  have  voted  before  and  for  the  electors 
of  the  town  .;   and  the  poll  (lull  be  opened  on  both  day*  at  ten  o'clock,  any  law  to  the  contrary  norwithftanJ  i,g. 

II.  And  be  it  further  ert/ffedj  by  the  authority  af or  el  aid,  .that  fuch  of  the  electors  of  the  faid  county  as  may  think 
proper  may  give  their  votes  on  the  rirrr  day  of  election  at  the  houte  of  John  Larkins,  Efq.  atorelaid  ;  and  all  inch  elec- 
tors of  the  laid  county  as  Ihall  not  vote  on  the  laid  fir/l 'day  of  the  election,  (hail  be  at  liberty  to  give  '.heir  votes  in  the 
town  of  Wilmington  o!  the  fecond  and  la.it  day  of  the  election  ;  and  when  the  election  thall  be  finlfhed  in  manner  by- 
act  directed,  the  tickets  Ihall  be  numbered  and  the  members  choien  (hall  be  declared  in  the  ufual  manner. 

III.  And  be  it  enabled  by  the  authority  afirejU-J,  that  in  cafe  the  ieat  of  any  member  or  members  of  the  faid 
county  Ihould  be  vaca«r,  a  writ  or  writs  mail  ii'tie  for  the  election  of  a  new  member  <jX  members'  to  fill  the  vacanc 
feat  or  feats  in  »nnner  herein  before  directed,  that  is  to  fay,  to  hold  fuch  election  at  th©  different  places  before  men- 
tioned with  an  intervening  day  between  them  ;  and  in  cafe  of  a  writ  for  elections  of  a  member  for  the  town  of  WiU 
Islington  the  UMe  (lull  be  held  and  concluded  in  one  day,  and  In  both  cafes  the  poll  fhall  be  opened  at  ten  o'clock,  any 
■law  to  the  contrary  notwithstanding. 


Chap.  LI.   An  ail  t*  eniforuer  the  Jufticei  o/~  Hertford  WTyrreH  ceunties to  eflnblifi  free  ferries  in  the  faid  counties,  and 

lay  a  tax  fit  at  fraying  the  charges  of  the  fame. 

WHEREAS,  by  rezfon  of  feveral  water- courfes  running  through  the  counties  of   Hertfor d  and    Tyrrell,  the   fer. 
r;e3  over  whicb  it  is  nccefi'ary  Jor  many  of  the  inhabitants  to  pats  to  attend  the  courts  and  other  public  meetii:^s 
at  the  court  hoofes  in  thefaid  counties  are  expenfive  and  burthenfome  to  iuch  inhabitants  :  for  remedy  whereof 

I.  Be  it  ffarefrre  erased,' by  tbcGener.U  AfemLly  of  the  State  of  North  Carolina,  and  it  it  hereby  enacled,  by  the 
authority  of  the  fame,  that  the  Jultices  of  :he  (Hid  counties,  or  any  feven  or  more  of  them,  be  and  they  are  hereby  im- 
p.i-vered  to  *gree  with  theowner  or  owner  -,  keeper  or  keepers  ot  any  ferry  or  ferries  within  the  faid  ceunties  as  they 
Hull  iliink  necetlary,  for  Iuch  lum  or  fija>s  ot  money  as  (hail  appear  to  them  reaionable,  to  fet  over  fuch  ferry  or  fer- 
ries any  of  the  inhabitants  of  the  laid  eoabi  :es  n  qliirhtg  ;he  lame,  -free  from  any  [charges  whatfoever,  on  any  of  the 
•days  el  the  courts,  elections  of  metnbei  &  of  the  .Aflembiy  or  wardens  of  the  poor,  meeting  of  the  wardens  or  general 
winters  of  the  foid  counties. 

II.  And  be  it  further  enacled,  bv  the  autirrif:  eforefaU ,  'hat  the  Jaftices  of  the  (aid  counties  are  hereby  n'uhcrifed 
and  required,  yearly  and  every  year,  at  the  lame  time  that  they  lay  the  rodnty  levy,  to  lay  a  tax  not  »xcetding  lix- 
pence  current  money  of  the  (fate  aforefaid,  on  each  and  every  poll,  and  a  like  tax  on  every  hancrre  I  pounds  of^fTeH. 
iable  property,  and  a  tax  of  two  pence  on  every  hundred  acres  of -land  in  the  faid  ceunties,  to  be  collected  a  id  ac- 
counted forby  the  collectors  with  the  Juflices  of  thefaid  counties,  in  the  lame  manner  as  other  county  taxes  ';  and 
by  them  applied  to  the  ciilcharging  of  the  feveral  contracts  to  be  made  in  viitue  of  this  act,  and  the  overplus,  if  any, 
to  the  contingent  charges  of  the  counties. 

HI.   An\  be  it  further  enacted,  bv  the  authority  aforefaid,  that  each  and  every  ferryman    with  ■whom    the  Juftices 
ihtll  agreeas  aforefaid,  fhall  be  and  they  arc  hereby  obliged  to  fet  over,  ferriage  free,  any  of  the  inhabitants  0f  the 
■   .  ■ 


1 64. 

faid  counties,  6ft  the  days'  and  times  aforelaid,  under  the  penalty  of  twenty  {hillings  curfent  money  of  the  ftate  a- 
foiefa:d,  for  every  offence  to  be  recovered  by  the  party  grkv£iJ,  before  any  Juilice  of  the  Peace,  and  applied  to, his 
own  ufe. 

IV.  And  be  it  further  enncled,  'by  tie  authority  aforefa'.',  tint  it  (hall  and  may  be  lawful  for  the  JufticeR  of  the  faid 
trw  ties  to  take  bond  and  feeurity  of  all  Uich  ferry-keepers  with  whem  they  thai!  agree  as  aforefaid,  in  the  fum  of 
twenty  pounds,  tor  the  due  and  faithful  performance  of  the  duty  enjoined  them  by  this  act. 

CllAT  LII.   An  aft  fir  in'fff'&ton  of  tobacco  in  the  aunty  of  Dj  vidfon,  in  the  town  of  Naflwille,   on  Cumberland  river. 

\T  /HERE AS  the  cultivation  of  tobacco  in  the  county  of  David/on  is  greatly  incresfing,  and  the  inlpection  of  that 
'V    commodity  effablifhcd,  would  tend  jrreatty  to  the  advantage  of  the  perfons  railing  the  fame  : 

I.  Be  it  er,aeJeJby  the  General  Affembly  of  the  State  of  North-Carolina, '  andil  is  hereby  entitled,  by  the  authority  of  the 
faerie,  thatthe  county  court  of  Davidfon  lhali  annually  appoint  two  ox  more  perfons,  well  acquainted  with  the  nature 
and  quality  of  tobacco,  to  be  infpettors  thereof,  wholhall  take  "the  lame  oath,  be  fubject  to  the  fame  rules,  reftric- 
tions  and  regulations,  to  which  other  infpectors  in  this  (fate  are  fubject.  < 

Jl.  And  be  it  further  eratltd,  by the  authority  uf  ore/aid,  that  the  inlpectors  to  be  appointed  by  virtue  of  this  act, 
fliall  be  entitled  to  receive  the  fum  of  eight  fhilli  gs  for  each  and  every  hogfhead  ot  tobacco  by  them  inlpeded,  infuil 
for  all  th'ir  fervices,  including  turning  up  faid  tobacco,  prizing,  finding  naila,  weighing  and  itluitija  note  and  ao 
more,  to  be  paid  by  the  owners  of  the  tobacco  lb  infpedled. 

III.  And  be  it  further  enacted,  that  thecounty  court  afortfaid  fha]!  be  impowered  to  appoint,  if  they  think  n?cef- 
fary,  two  or  more  difcreit  pcrfotn  to  fupcrintend  the  warehouse,  whole  bu  ineiViliall  be  to  pick  and  fort  fuch  tobac- 
co which  fhail  be  refufed  by  the  infpeclors.  and  when  picked  and  forted  in  fuch. manner  as  m  iy  pais  infpeition,  they 
(hall  prize,  weigh  and  do  even'  nccetihry  lervies  thereon,  for  which  they  (hall  be  entitled  to  receive  the  fifteenth 
part  of  all  fuch  tobneco  in  full  for  all  their  fervices.  ■    . 

IV.  And  be  it  further  ca.led,  by  the  authority  afore/aid,,  th-t  all  tobacco  infpected  in  the  town  of  Naflniille,  {ball  be 
h(  Id  and  deemed  a  lawful  tender  or  payment  for  all  tobacco  contracts  hereafter  to  be  made  in  the  faid  county  of  Da* 
vidfon.  ,   .  - 


Cit-.P.  LT1I.   An  eel  for  impowe ring  the  court  o/RanJclph  county  to  adjourn  to  the  place  which  thev  /hall  think    mtfl  con, 

ven:  ent  fir  holding  the  fame. 

WHEREAS  by  an  act  of  the  General  Aflembly  p. tiled  in  the  year  one  thoufand  feven  hundred  and  eighty- three, 
the  p'ace  for  'holding  the  courts  of  (aid  county,  was  appointee,  to  be  held  at  the  former  dwelling  houfe  of  JVil  • 
lian  Bell  until  the  public  buildings  in  faid  county  fhould  be  compleated,  which  place  is  found  inconvenient,  for  that 
purpofc  afcrefaid  : 

I.  Be  it  therefore  enafted,  by  the  General  A/ft  ■tnbly  of  the  State  of  North-Carolina,  an  J  it  'a  hereby  enabled,  bi  the  au- 
thority of  the  fame,  that  the  fiid  court  be  impowered,  and  they  are  hereby  authorifed,  to  adjourn  to  any  convenient 
hcafe  until  the  public  buildings  of  faid  county  lhali  be  eompleated,   any  law  to  the  contrary  notwithitandirig. 

II.  And  be  it  further  enacted,  by  the  authority  afore/aid,  that  from  and  after  the  palling  of  this,  act  the  fifth  lection 
ot  the  jbove  recited  act,  be  and  is  hereby  repealed  and  made  void/    p.    1  i  1. 

Chat.  LVI.   An  eel  for  the  infp  3'ion  of  tobacco  in  the  town  of  Wind  fop. 

WHEREAS  it  may  be  beneficial  to  the  planters  of  tobacco  adjacent  to  the  town  of  JFmdfor,  that  an  infpecTon 
of  that  commodity  fhould  be  eflablilhed  in  the  faid  town. 

I.  Be  it  therefore  ensiled,   by  the  General  /iffembly  of  the  State  (/"North  Carolina,  and  it  is  hereby  crafted  by  the  autho- 
'  rity  of  t'-e  fame,   that  the  county  ccurt  of  Bei  tie  {hall  annually  appoint  two  difcreet  and  careful  men,  well  acquainted 

wiik  the  nature  and  qualities. of  tobacco,  to  be  infpectors  thereof ;  who  fhal!  take  the  fame  oath,  be  fubjeft  to  the 
fame  rule?,  rcgul.it  ons  and  reltrictions  to  which  infpeclors  of  tobacco  are  f  ;bjert  by  an  a£t  of  the  General  AfT'm. 
bly  pafl'ed  at  Halifax  in  the  year  one  thoufand  feven  hundred  and  feventy-feven,  entitled,  "  A  1  act  to  amend  the  Itom 
p'.;  of  tobnec;  and  tr event  frauds."  N.   C.   L.    2,    1777,    12,  p.   337. 

II.  Anii beit furihe-  enafted,  by  the  authority  afore/aid,  that  the  infpectors  fo  appointed  flial!  have  sill  receive  of 
the  owner:  of  tobaqco  the.  fum  of  eight  Ihiliinrs  for  each  and  every  hog  mead  ;  ami  '.he  fum  of  one  (hilling  for  each 
an  I  every  hundred  weight  of  transfer  tobacco  by  them  infpected,  in  full  for  their  trouble,  finding  nails,  prkingand 
every  think  neceflary  thereto. 

III.  Andheitfurtkrou'eltd,  that  all  tobacco  fo  infpr£ted  fli.ill  be  held  and  deemed  merchantable  tobacco,  as  if 
the  fame  had  been  infpected  at  any  other  infpeiUou  within  this  ftate. 

. 


w 


CtlA.r..  LVII.    An  act  for  the  infpectioh  of  tobacco  in  certain  ive/iem  counties. 
HEREAS  the  appointing  inspectors  of  tobacco  in.  certain  weftern  counties  would  enable  th^  planters  to  fell  the 
tobacco   theie  infpected  for  a  better  price  at  home)  and  might  tend  to  er.cojrage  the  making  tobacco,  one  c£ 


l6$ 

the  fbple  commolt:.^  of  this  (late  : 

I.  Be  it  therefore  enacted  by  the  General  Affembfy  of the  State  »fNor:h  Carolina,  audit  \i  hereby  enafled,  by  the  au. 
thorhytt  toe /ante,  that  the  Juftices  of  each  county  in  the.  difLicts  of  Morgan  and  SjI'ijImj,  and  the  county  of  Ran- 
dolph, fliall  havepovver  annually  to  appoint  two-dfereet  and  careful  riven,  well  acquainted  with  the  qualities  of  tobac- 
co,  to  be  infpect'-rs  thereof  in  luchcounty,  -a  ho  (hail  take  the  fame  oath  or  aftiru  ation,  perform  the  fame  duties,  and  '. 
be  li.ble  to  the  fame  penalties,  and  fhaM  receive  the  fame  'res  as  other  nfpedors  of  Qobacco  in  this  It-ite  :  Provided 
neverti.elefs.  that  the  tobacco  infpeded  by  virrtie  of  th  s  act  may  be  re-infpe&ed  if  required  by  the  purchafers,  at 
any  '.\arehouie  to  whi.h  the  fame  fb  ill  be  carried  for  exportation,  and  if  the  faid  tobacco  (ha)]  again  pafs  and  be  ap- 
proved, tie  purchafer  fhall  pay  the  fees  j  Andfi  ovid  d  a'jo,  that  noti.ing  in  this  *&  contained  (hall  extend  to  iro- 
po.ser  any  county  court  lo  lay  a  tax  for  the  purpofa  of  bunding  a  warihiufe. 

Chap.  LVI'II.  An  i.cl  far  the  inaction  of  tobacco  in  the  county  of  Surry. 
\T7HEREAS  it  may  be  beneficial  to  the  planters  of  tobacco  in  the  weftern  parts  of  this  ftate,  that  an  infpe&ion  of 
»  *  that  commodity  be  eltabiiihed  in  the  county  cf  Sir  ry  ; 
I-  Be  it  therefore  enacted. by  the  Gen,  nil  Affentbh  of  the  State  ^North-Carolina,  end  it  is  hereby  enacted,  by  the  au» 
ikrity  of  the  fame,  that  the  county  court  of  Surry  fha'l  annually  appoint  two  difcreet  and  careful  men,  well  acquaint- 
ed with'  the  natureand  qualities  of  tobacco,  to  its  irifpedors  thereof,  who  fliall  rake  the  iame  oaih,  be  fubject  to  the 
fame  rules,  regulations,  and  reductions,  to  which  infpedors  of  tobacco  are  fubject  by  an  atf  of  the  Gereril  Affem- 
bly  pa  (Ted  at  Halifax,  in  the  yeir  one  thoufand  (even  hundred  and  feventy- feren,  entitled,  an  ail  to  amend  thejtapit 
of  tobacco,  ami  prevent  frauds."  A'.   Qi  L.    2,    1777:    '!,  P     337- 

II.  And  be  it  j ai  ther  enacttd,  by  ihe  authority  ef'.re/jid.  that  the  infpedors  f:>  appointed  fliall  have  and  receive  of 
the  owners  of  tobacco  the  fum  of  -eight  {hillings  fc*  each  and  even  hogfhead;  and  the  fum  of  one  fliilling  for  each 
and  every  hun.lred  weight  o!  transfer  tobacco  by  them  infpectsd,  in  full  forthtir  trouble,  finding  na.ls,  prizing  and 
every  thing  nectfT.ry  :  hereto, 

III..  And  be  it  further  enact,  d,  by  ihe  authority  rf.refa'd,  that  all  tobacco  fo  inlpetled  fliall  be  held  and  deemed  mer- 
chantable toba.co,  as  if  the  fame  had  been  inspected  at  any  other  infpedion  in  this  ftate.  Provided  that  nothing 
herein  contained  fhnll  extend  or  be  conitrued  to  extend  to  prevent  the  re-inlpfcricn  of  any  tobacco  infpeded  at  the 
faid  infpedipn  for  faid  county,  agreeable  to  this  act.  by  th:  infpedors  lawfully  appo  nted  at  any  inipedion  hereto- 
fore efUblifhed  by  law,  to  which  it  lhaUor  may  be  carried  for  exportation,  if  it  fliall  appear  that  the  tobacco  lo  in- 
fpected  has  been  roiled  orotherwife  damaged  in  i'.s  paflage  from  die  warehoufe  in  faid  county  to  the  port  where  it 
maybe  received.  A?:d provide  dalfo,  thai  no  tobacco  inspected  at  faid  warehoufe  lhall  he  held  or  deemed  a  lawful 
tender  in  payment  of  any  tobacco  contract  heretofore  made  until  re-infped.  dai  feme  other  warehoufe,  any  law  to 
the  contrary  notwithftao'ding;  and  that  the  Juftices  of  the  count-,' court  aforefaid  are  hereby  authorised  and  impower- 
ed,  at  the  (wil  court  held  in  .'•■  'ay  next,  to  nominate  and  appoint  fuch  place  as  they  may  think  moltcomenieiit  for  luch, 
infpection  to  be  held,  or  \varehoui\s  to  be  elected  for  that  purpefe. 

Chap.  LiX.  An  act  for  erecting  a  town  on  the  land <  of  Whitmiil  Hill,   in  Martin  county,  on  Roanoke  riv-  r. 

WHEREAS  it  is  reprelei'.ted  to  this  Ail,  mbly  that  the  land  of  Wlitmill Hill,  on  the  fouth  fide  of  Roanoke  river,, 
known  by  the  name  of  Kehuky,  in  Martin  county,  is  a  healthy,  pleafant  fituation,  and  very  conveniently  fi- 
tuated  for  trade  and  commerce,  and  'the  iMlVhhm'Jl  Hill  having  (ignified  h'.s  confent  to  have  feventy  acres  of-  the 
faid  land  laid  off  for  a  town,  which  will  greatly  promote  the  trade  and  navigation  of  faid  river  : 

I.  Be  it  enatl.d  by  ihe  General  AJfembly  of  ihe  State  oj "North-Carolina,  and  it  is  hereby  enacled,  by  the  authority  of 
the  fame,  that  the  faid  feventy  acres  of  land  be  laid  effin  half-acre  lots  and  ftreets  accordingly,  and  the  fame  are 
hereby  conltituted  and  eftablifhed  a  town,  and  fhali  be  called  by  the  name  of  Biountfvilie. 

II.  And  be  it  further  enacled  by  the  authority  tfirefaid,  that  from  and  after  the  patting  of  this  ad,  that  J'feph  Blount 
Hill,  William  Williams,  Blake  Baker  Wiggins,  John  Da  --fan,  John  Drew  and  Jeremiah  Nelms,  gentlemen,  be  and  they 
ana!  every  of  them,  be  conltituted  commiffiom  rs and  truftees  for  defigmng,  building  and  carrying  on  the  faid  town, 
and  they  (ball  (land  feized  in  an  indefeafible  eftate,  in  fee  Ample,  inthe  faid  feventy  acres  of  land  as  aforefaid,  to 
and  for  she  ufes,  intents  and  purpofes  hereby  declared ;  and  the  faid  commiffioners  or  any  three  of  them,  fliall  have 
fud  power  and  authority  to  meet  "as  olten  as  they  (hall  think  necefiary,  to  appoint  a  public  quay  on  Roamake  river, 
adjoining  the  faid  town  for  a  public  landing,  as  they  fnall  think  convenient  and  necefiary. 

III.  Beit  enacted by  the  authority  of .re/aid,  that  the  faid  commiffioners  or  a  majority  of  them,  (hall  appoint  a  time 
and  give  public  notice  thereof,  for  meeting  the  fubferibers  on  the  faid  land,  for  determining  the  property  of  each  par- 
ticular lot,  which  (hall  be  drawn  by  ballot  in  a  fair  manner,  by  direction  and  in  the  prefence  of  a  majority  of  the  faid 
commiffioners  at  leaft,  and  each  fubferiber  lhall  bz  entitled  to  the  lot  or  lots  which  (hall  happen  to  be  drawn  for  him 
and  correfpond  with  the  number  contained  in  the  aforefaid  plan  of  the  faid  town  •,  and  the  faid  commiffioners  or  a 
majority  of  them  (hall  make  and  execute  deeds  for  granting  and  conveying  the  faid  lots  contained  in  the  faid  town,  to 
the  refpeuive  fubfcribei'8  for  the,  fame,  their  heirs  and  affigns  for  ever ;  and  alfo  to  all  and  ever*  other   perfon  and 

■ J  2 


i66 

perfon9  who  ('hall  purchafe  any  other  lot  or  let*  In  {he  f.»!d  town,  st the  proper  C9R  *n<3  ehurge*  of  the  ("nid  grantee 
orgrmtees  to  whom  the  fame  (hail  be  couy^yed,  and  -my  perfon  claiming  any  lot  or  lots  la  the  faidtewn  bv  virtue  of 
any  fuch  conveyance,   Rrijl  and  may  hold  ana  enjoy  the  fame  in  fee  Ample. 

<V.  And  be  it  further  enacted,  by  the  authority  afirefa'id,  that  the  rcfpetlive  fubferibers  for  the  faid  lots  fhall,  "with- 
in three  months  aft«  it  fhall  he  alcertained  to  whom  each  of  the  faid  Tots  doh  belong,  in  manner  herein  before 
mentioned,  pay  and  fatisfy  to  the  f  .id  commifficmers  the  fum  of  forty  fliiMings  for  each  lot  by  them  fubferibed  for  j 
and  in  cafe  of  the  rcfuf al  or  i.eglett  of  any  fubicriber  to  pay  the  (aid  fum,  the  laid  commiiiioners  fhall  and  may  com- 
n.ence  a  fuit  for  the  fame  in  their  own  names,  and  therein  fhall  recover  judgment  with  cofE. 

And  for  continuing  the  fucceifion  of  rhe  faid  cominiflioners,  be  it  enaJeU,  that  in  cafe  of  death,  refufal  to  aft, 
or  removal  out  o;  the  Hate  of  any  of  the  faid  to  nmiflionei  s,  the  furviving  or  other  tommiftioaers  or  a  majority  of  them 
fliall  affemble,  an  i  th.iU  from  rime  to  t 'me  by  an  inilr  anient  in  writing  under  their  refpeftive  hn.ds  and  feals,  nomi- 
ii  ite  fonts  other  perfon,  being  an  inhabitant  or  freeholder  at"  ihe  faid  iowii,  in  the  glace  of  him  fo  dying,  rcfufing 
toa£t,  or  removing  out  of  ihe  ft,  te,  whith  ne.w  cjrnnvff.cner  fo  nominated  and  ppontcd,  fhali  fro.n  thenceforth 
have  the  fame  power  and  authoriry  in  allthings  concerning  the  matter  herein  contained,  as  it  he  had  been  cxprefsly 
nominated  ai.d  appointed  by  this  act. 


Chap.  LX.  An  nfffof  eftablijhing  atrun  on the  lands  of  Mistl  Scurlock,  deceafed,  in  Chatham  county, 

\Tt  7  HER  HAS  it  hath  been  represented  to  this  General  Affcmbly  that  the  lands  belonging  to  the  eftate  of  Mial  Scur- 
VV  lock,  dec.  whereon  the  court  houfe  and  o:ber  j^ublic  building,  in  the  county  of  Chad  an  now  ftand,  is  an 
exceeding  healthy  p'eafant  f<  uat.on,  weil  watered  and  commodious  for  commerce,  being  (ituata  in  a  rich  and  fertile 
part  of  tnc  country,  and  lundry  mercluns  and  perfons  of  diftinct.on  in  the  lower  parts  ot  the  date,  are  d<  firous  that 
a  town  fliould  be  erect:;  d  thereon  with  adefign  of  becoming  purchafers  of  lots,  and  eredt  buildings  for  the  reception 
of  their  families  in  the  fummer  month,-,  it  will  alfo  gre.itly  tend-to  the  eafeand  convenience  o;  the  inhabit  ant  a  of 
that  county  in  particular,  and  the  weftern  parts  of  this  ftate  in.general.  And  whereas  it  appdrshy  a  certificate  un- 
Aer  the  hands  of  Swab  Scurlock,  executrix,  and  James  Howard,  executor  of  the  laft  will  md  teftament  of  the  faid 
dcceaEd,  that  they  are  impowereJ  by  the  laft  will  and  teftament  of  the  faid  deceafed  to  difpofe  of  the  laid  land,  and 
they. have-given  their  affem  ihat  one  hundred  acres  lliould  be  laid  off  for  a  town. 

I.  Belt  therefore  en  ft  d  by  the  General  Ajjanbiy  of  the  Stale  of  North-Carolina,  and  it  is  hereby enaEledby ihe  authority  of 
the  fame,  that  the  tiuftecs  hereafter  appointed,  or  a  m  jority  of  them  flia!!  a:,  loon  as  may  be  after  the  pafhng  of  this 
n6f,  caufe  one  hundred  acres  oi  land  to.be  laid  off  in  halt  acre  lots  each,  with  con.  enient  ftrecs,  lanes  and  alleys, 
:md  an  hundred  acres  for  t'.ie  public  buildings  ;  which  lots  io  laid  off  according  to  the  directions  of  this  aft,  are  hereby 
conitituted  and  erected  a  town  by  rhe  name  P  ittfbo'ougb. 

II.  n  Ihe  it  further  enacted,  bv  the  authority  af.rfad.  th  it  from  and  after,  the  psiTi.ig  of  this  a& ,  that  Jo'-ph  Stew- 
art, J  J  n  Monti;:  -nerv,  Jif'phErjnlly,  Zacari  J)  Harmon,  EiifbaCain,  C  crge  Luvas,  Matthew  Jons,  Will.  Vetlol, 
James  Anderftn,  lifq-s.  be  and  they  are  hereby  confirmed  truitces  for  the  defignin,>,  building  and  carrying  on  the 
laid  town,  and  ihey  fliall  (land  feized  of  an  indcfeafible  edate  in  Ee  iimp'e  if  tire  faid  one  hundred  acres  of  land,  to 
and  for  the  ufes,  intents  and  pur,  ofes  hereby  exjireii'ed  ani  declared  ;  a  a  they  or  a  majority  of  them  fhall  have  full 
power  to  meet  as  of  en  as  they  fli.ili  think  neceffary,  and  caufe  a  plan1  thereof  to  le  made,  arid  tberen  to  inlert  a 
mark  or  number  to  <=ach  lot  ;  and  asibon  as  the  laid  town  (ball  be  iai.l  out  as  aforefid,  they  and  each  of  them  fhall 
have  power  to  take  fubferiptions  for  the  fa  d  lots  of  f.ch  perions  us  are  willing  to  fubfer  be  theretor  ,  and  when  the 
faid  truftees  have  takni  fuofcrptions  for  eighty  lots  or  Upward*,  they  fhall  appoint  a  day  and  give  public  notice  of  the 
day  and  place  appointed  for  the  drawing  of  the  faid  lots  ;  which  (hall  be  done  by  b  Hot  in  a  fair  and  open  manner  by 
ihe  direction  and  in  the  pn  fence  of  a  majority  of  the  r.ultees  ;  and  fuch  fub  ferine  r  (hill  be  entitled  to  fuch  lot  or 
lots  which  frui  1  be  dtiwn  for  him,  according  to  the  mark  or  nombei  i:i  the  plan  of  the  fad  to  a  n  ;  and  the  faid  truf- 
tees  or  a  majority  of  them  fliall  nuke  and  execute  deed*  for  granting  and  conreyin^  tne  1  its  as  aforelaid  to  the  fub- 
feribers, th'-ii-  heirs  and  aiTj/ trs  for  ever  :  and  al:o  to  every  other  p  rf,n  who  ilia  1  purchafe  anv  other  lot  or  lots  in 
the  faid  to  j  a  at  the  coft  and  charge  of  t  e  f«d  grantees  ;  and  any  perfon  claiming  any  lot  or  lots  by  virtue  of  any 
filch  conveyance,  (hail  and  may  hold  the  fame  in  fee  limpV. 

ill.    And  hi  it.fjtrtber  cniB  birity  qfr.rejald-,  tint  e.ch  and  every  fubferiber  for  any  lot  or  lots  in  the  faid 

town,  fhall  wi  bin  one  month  a  ter  it  (hall  be  .fceruine-d  to  whom  the  fjid  lots  doth  belong  in  manner  hereinbefore 
rnemioned,  and  hefe-rc  any  grim  or  com  ey.r.'ee  fha  1  be  made,  (h  A'<  pay  and  (atisfy  to  the  (aid  'rtiltees  or  cue  of 
them,  fuch  fum  or  fums  of  money1  as  the  truftees  or  a  mijori  y  of  the  ir  (hall  have  fixed  as  the  pike  of  each  lot  by 
h'm  fubfer  bed  for;  ai  d  in  cafe  •  f  the  neglect  orreluftl  ot  any  tub  criberto  pay  the  faid  fum,  the  laid  truftees  fli  dl 
and  ir.iy  cemrnence  and  pr,  feeutea  fa  ft  for  ti.e  famej  and  therein  fliall  recover  judgment  wrh  colls  of  fu:t:  And 
the  faid  truftees  &  fll  as  too:,  as  they  receive  the  money;  pay  and  Etisfy  to  Sa-a/j  ilettrhck,  executrix,  and  James  tibie- 
ad,  execuior  of  the  Eiu  VIi.il  SrurloHi,  dec  rhefuar  of  En  pounds  for  each  atre,  in  full  fat;sf  cfion  for  the  Eid 
land,  and  ihe  icfidue  if  a  .y  (had  be  applied  towards  tiefraymg  t  e  exnences  of  laying  off  and  improving  the  faid 
town. 

IV.  Andh-  iff  rtker  era  ¥eV;  iy  lie  authority  rfv/jd,  that  in  o  fe  Of  rt«  death.  -refuEi  loaft,  or  removal  nut  of 
■■  the  County,  of  any  of  the  m-iWcj,  the  furvivc'i  Jr  fsuvivftrj  of  them  arc  t»e*ebj  i.njjowercd  fium    lime  to   time,  fcy 


167 

}n?irtimer.|f,f  'jprlcng  under  'heir  handi,  te  appoi  t  fame  other  perfon  being  a  freehold? r  of  the  faid  Town,  in  ihs 
place  cf  h  m  fo  dying,  refuting  to  act,  or  removing  as  aforefaiu  ;  which  ttuftee  fo  appointed  fhall  have  t  t  f  me 
powersanu  authori  iss  a,  if  hi  had  been  appoin  ed  b,  this  aft.  Provided  neverihelefs,  that  two  acre*  of  land  fhail  be 
referv  d,  exclufive  of  ihe  faid  one  hundred  acres  of  land,  to  feuuc  the  dwe!ling.houle  and  other  houfus  belonging  >• 
ti.eeftateof  the  laid  deceaud  now  on  the  faid  land. 


CftAV.  LXr.   An  act  for  kiting  out  a  ti-vnon  the  lands  ofj'-d'e  Peacock,  in  the  county  yrSampfon. 

TT7HEREAO  it  hath  been  reprefented  unto  this  General  Afftmbly  that  a  town  in  the    county  of  Sampfon,  oh   the 

VV    lands oi  Jejji  Peacock,  near  the  con  fluence  of  the  Cohera  and  S;x-Runs,  where  thofe  {treaties  make  Black,  ri- 

Yer,  weuld  be  conducive  to  the  inierefts  of  the  county  aforefaid,  and  miy  be  rendered  convenient  to    many  of  the 

"neighbouring  counties  : 

I.  Be  ^therefore  enacted,  by  the  Gtn*ral  Ajjemily  of  the  State  e/*North-Carolina,  and  it  is  hereby  enabled,  by  the  authr,. 
Ttty  vf  the  fame  t  that  RickardClintm,  Richard  Herring  David  Dodi,  William  Vann  and  Curtis  Ivey  be  and  they  ate 
hereby  appointed  coit:mi;honers  to  fetle  with  the  faid  Jeffe  Peacock  for  a>  y  number  of  acres  of  land  not  exceeding  o«e 
hundred,  and  the  icrms  on  *  Inch  he  will  difpofe  of  the  fame  in  lots  of  one  half  acre  each  ;  and  the  ground  fo  agreed 
for  lay  off  into  fireet*  not  lefs  than  fifty  feet  or  more  than  one  hundred  feet  in  width  ;  which  lots  and  ftreets  the  faid 
COmnrifTicnersare  requ;red  to  lay  down  in  a  regular  plat,  numbering  the  lots  therein  laid  clown,  which  ground  fa  hid 
off  fhall  le  diftingu'fhed  by  the  name  cf  l.ifburn. 

II.  Jnd  be  it  further  enctSed,  by  ihe  authority  aforefaid,  that  the  commiffioners  aforefaid,  as  foon  as  fifty  lots  (hall 
be  fubferibed  for,  all  the  numbers  of  the  lots  of  the  faid  ;own  fhall  be  plated  in  o,.e  bos,  and  the  nam  s  ot  the  I'ub- 
fcr  bes  in  another,  and  when  a  name  bung  drawn  out  and  a  uumbe  r  at  the  fame  t  me,  his  fhall  be  thelot  the  number 
of  which  was  drawn  with  his  name,  and  'he  remaining  numbers  U'idrawn  and  untubkribed,  fhali  be  vefted  in  the 
faid  ommiffione.  s  fo  the  ufe  of  the  laid  to  .in.  Prrioided  always,  the  I  ubfci  ibers  for  thr  tirit  fifty  lots  fhall  pay  the 
fnm  o;  thirty  (hillings  for  each  lot  and  no  more,  and  that  this  a£l  fhali  nu.  have  eff^cl  until  the  laid  JcJJc  Peacock  ih.ll 
execute  a  «fu  fficient  conve)  anct  to  the  comm.fhoners  «fo;  ei  iu,  of  the  lands  agreed  for  us  aforeiaid  for  the  laying  out 
the  faid  town. 

III.  And  be  it  further  entitle  *,  by  the  authority  aforefaid,  that  the  faid  commilTior.ers  or  a  majority  of  them,  are 
hereby  empo.vt  red  to  receive  the  lime  and  to  grant  a  certificate  of  the  lot  or  lots  when  drawn  by  the  fubferibers, 
which  is  hereby  declared  to  «  ed  in  rheai  refpeef rvely  a  good  and  fufiicient  title  in  law. 

IV.  And  be  it  further  enacled,  by  the  Authority  afo'c/aid,  that  if  any  of  the  commiflioners  hereby  appointed  fhould 
retnl'  to  art,  die  or  remove  out  of  t  le  county,  the  furviving  commillioners  lha:l  be  and  they  are  hereby  impowered 
to  clert  another  in  the  room  of  him  or  them  lo  refufing,  dying  or  removing. 

•Chap.  LXIT.  An  ail  for  erecling  a  town  on  ihe  lands  efLuke  Mezell  -and  William  Mackay,  on  the  fouth  fide  c/"Roanqak 

river,   in  Martin  county. 

WHEREAS  it  hath  been  reprefented  to  this  Genera!  Allembly  that  the  lands  of  Luke  Mezell  and  William  Mackr.y, 
on  the  fouth  fide  of  Roanoak  river,  isahe.lthy,  plealant  lituation,  and  very  conveniently  fituated  for  trade, 
and  'he  faid  Luke  Mezell  znd  William  Mackay,  having  fignified  their  cot. lent  to  have  fifty  acres  of  faid  land  laid  offfen 
«  town,   which   vill  greatly  promote  the  trade  and  navigation  of  laid  river  : 

I.  Be  it  ensiled,  by  the  General  Affem'oly  of  the  Hate  of  North-Carolina,  and  it  is  hereby  enabled  by  the  authority  of  the 
Jame,  that  the  laid  fifty  acres  of  land  be  and  is  hereby  conftituted  and  eftablifhed  a  town,  and  ihall  be  called  by  the 
name  of  James.iovm. 

II.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  from  and  after  the  palling  of  this  art,  that  Benjamia 
Hnrdifon,  L!q.  J<J:n  Stewart,  Samuel  Smithvjick,  Luke  Mezell  and  .James  Mack.,y,  be  and  every  of  them  are  hereby 
continued  com.iulhoners  and  truitees,  for  designing,  building  and  cairying  on  the  laid  town,  and  they  fha!l  ftand 
feized  in  an  indeteafible  eftate  in  fee  finiple  in  the  fa:d  fifty  acres  of -land  aforefaid,  to  and  for  the  ufes,  intents  and 
purpofes  hereby  declared  ;  and  the  laid  ccnniniffioners,  -or  any  three  of  them  Ihall  have  full  power  and  authority  to 
Meet  as  often  as  they  fhall  think  neceiTary,  to  appoint  a  public  quay  on  the  laki  river  adjoining  the  laid  tuW;,  lor  a  pub- 
lic landing  as  they  Ihall  think  convenient  and  necellary. 

III.  Be  it  t  narted,  by  the  authority  aftrv/aid,  tha  tl^e  faid  coni'miffioners  or  a  majority  of  them,  Ihait  appoiflit  a  time 
and  give  public  notice  thereof  for  meeting  the  lubfcribtrs  on  faid  land,  for  determining  the  property  of  each  particu- 
lar lor,  which  fhall  be  drawn  by  ballot  in  n  lair  manner,  by  direction  ar.d  in  the  prefc-ne.'  of  a  majority  ol  the  cont- 
n::fn  >•  ers  at  Icalt,  and  each  fubferiber  fhail  be  entitled  ro  the  lot  or  lots  which  null  happen  to  be  drawn  tor  h  m,  and 
corrt-fjsond  with  the  number  in  the  plan  for  faid  *ewu  ;  and  the  faid  commillioners,  or  a  majority  of  them,  fhall  make 
and  execute  deedi  foi  the  granting  and  conveying  the  laid  lots  to  the  perlons  entitled  to  the  fame,  t;  tir  leirs  and  aft. 
ligns  :or  ever  ;  ai  d  alio,  to  all  ami  even  otrier'perlon  or  perfons  who  fhall  purcha:e  any  lot  or  lots  in  laid  town,  at 
the  proper  colts  aitd  rhar-ge*  •  I  tie  grantee  or  piantee?  to  whom  the  lame  ma>  be  conveyed. 

IV.  And  be  it fw the  enafled  y  tht  authority  v fore/aid,  that  the  refpective  itibVc: ibers  of  thi  hid  lots  fhall  within  three 
,Kr:,ri,b  -'  ntd  to  whom  each  of 'aid  lots  doth  belong  in  manner  herein  b::o:  v  hh-i-:  njnnl,  p.ay  ai  J 
iiU:fy  to  the  laid  cOmmifiitttteri  the  imn  ai  fi»6  pound*  ;c>r  each  lot  by  tiiem  iublu'ibed  &rj  ancl  in  cafe  ot  t.,c   rc-fu  A 


i6S 

or  neglect  of  any  fubfcriber to  pay  th?  fail  fum,  the  Paid  commifTmnrrs  L  ill  ind  may  commence  »  fnit  for  the  fame 
iu  their  own  names,  and  therein  lhall  recover  judgment  witn  colls. .  And.!  >r  continuing  the  fucceilion  ot  the  Lid  com- 
miffioiwrs,  be  it  enacled,  that  in  ca(e  of  d'.ath,  _  re  filial  to  aft,  or  removal  out  ot  the  itate  of  any  ot  the  faid  comrnifli- 
eftu  .;-,  the  lurviving  or  other  commiflioneis  or  the  majority  of  them  (hall  affemble,  a. id  lhail  from  time  to  tin;e,  by  an 
inftrument  in  writing,  under  their  relpective  hands  and  feals  nominate foiuc  other  perlon,  being  an  inhabitant  or 
freeholder  of  Oxs  la  d  town,  in  the  place  of  him  lb  dying,  refuting  to  a£t  or  removing  out  of  the  fta'e  ;  which  new 
commiffioner  fo  nominated  aridappojn'ed,  fhall  from  henceforth  have  the  lame  power  and  author. ty  m  all  {lungs  con- 
cerning the  matters  herein  contained  as  if  lie  had  been  expreffly  nominated  ar.d  appointed  by  thif  ad. 

V.  Afid  be  it  further  enacled,  that  the  faid  Lvke  Mizat  and  William  Nackay  may  retain  to  thetufelves  three  lots 
each,  whereon  they  hive  a  florehoufe  and  other  Luildings  already  erected,  any  thing  to  the  contrary  not  with- 
ttanding. 

Chap.  LXIIt.   An  acl  for  ereFx'mg  a>\d  ejtcddiflring  a  town  in  the  county  of  Lincoln. 

WHEREAS  it  hath  been  reprefehted  to  the  General  AfTembly  that  the  convnilfioners  appointed  by  aft  of  the  Ge- 
neral AiJhmbly  for  the  purpole  of  purchafing  one  hundred  acres  of  land,  and  fixing  on  a  pi  ice  convenient  for  e- 
rectuur  tne  public  buildings  of  laid  county,  have  entered  three  hundred  acres  ot  vacant  and  unappropriated  lands,  ly- 
ing and  being  between  the  lines  of  Philip  Kantelhr  and  Chriflimx  Rhinekeartfy  antl  the  fame  being  a  healthy,  pleafant 
lituacion,  and  well  watered,  the  inhabitants  of  Lid  county  are  delirous  that  a  town  ihould  be  eftablilhed  thereon; 
arid  whereas  the  laid  commiliioners  have  proceeded  to  lay  off  fifty  acres  of  the  aforefaid  lands  into  fquares,  ftreets  and 
lots  of  half  an  acre  each,  and  hath  fold  the  fever  al  lots  :  therefore, 

I.  Be  it  enucled  by  the  General  Affembly  of  the  State  of  North  Carolina,  and  it  is  hereby  enxffcd  by' the  authority  of  the 
fame,  that  the  faid  fifty  acres  of  land  (o  laid  off  into  fquires,  fitccrs  ai.U  lots  as  aforefaid,  be  and  the  lame  is.  hereby 
constituted,  erected  and  eltablilhed  into  a  town,  and  lhall  be  called  by  the  name  of  Lincolnton. 

If.  And  be  it  further  enaSJed,  by  the  authority  al 'orefaid,  thit  Jo/eph  Dichp.n,  Join  Corouth,  Join  Wilfon,  Joftph 
Steel  and  Nicholas  Friday,  Ekjrs.  be  and  they  are  hereby  conllhuted  and  appointed  trultees  and  d  rectors  for  deilgning, 
building  and  carrying  on  the  laid  town,  and  they  lhall  ftayd  feized  of  an  indefealible  eftate  in  fee  firnple,  in  the  laid 
fifty  acres  bf  land  laid  off  as  afbrefaid,  and  alfo  in  the  remaining  t-vo  hundred  and  fifty  acres  adjoining  thereto,  for  the 
uies",  intents  an  J  purpefes  hereby  exprefTed  and  declared,  ami  the  faid  trultees  and  directors  ;  or  any  three  of  them,; 
fhali  have  full  power  and  authority  to  meet  as  often  as  they  lhall  think  .neceilary,  to  lay  off  two  or  mure  lots  of  the  faid 
fifty  acres  of  land  laid  off  as  aforefaid,  convenient  for  the  public  buildings,  and  the  reiidue  into  ftreetf,  fquaies  and 
lots  of  half  an  acre  each,  and  caule  a  plan  thereof  to  be  made,  and  therein  to  infert. marks  and  numbers  to  each  lor. 
And  whereas  the  hid  Jofeph  Dickfon,  John  Corouth,  John  Wilfon,  Jjfeph , Steel  and  Nicholas  Friday,  have  heretofore 
Ibid  to  le.era!  perlons  lots  of  half  an  acre  each,  laid  cut  within  the  bounds  of  the  Lid  titty  acres  oi  jand  : 

III.  Bj  it  cnaHed,  by  tie  authority  a) 'ore/aid,  that  the  laid  truftees  or  directors  or  a  majority  of  them,  fhall  make 
and  execute  deeds  for. granting  and  conveying  the  Lid  lots  fo  la'd  oft"  and  fold  as  afo  efaid,  to  the  purdiafer  or  pur- 
chafers,  their  heirs  and  alligns  for  ever,  and  alfo  to  every  other  perlon  who  lhall  purchafe  any  loc  or  iots  in  faid  town, 
at  the  coft  and  charges  of  the  grantee  to  whom  the  lame  lhall  be  conveyed,  and  any  perfun  claiming  any  lot  or.  lots 
by  virtue  of  any  lueh  conveyance  fhall  and  may  hold  and  enjoy  the  fame  in  fr-e  firnple. 

IV.  And  be  it  further  enacled,  by  the  authority  aforefuid,  that  all  monies  which  have  arifen  or  fhall  hereafter  arifeby 
a  uifpolal  of  the  Lid  lots  granted  by  the  faid  truftees  or  directors,  or  the;i  fucceifors,  fhall  be  received  by  the  faid  truf- 
tees or  their  fucceffors,  and  after  their  reafonable  charges  and  expences  deducted,  and  applied  to  the  improvement 
and  advantage  of  laid  town,,  in  fuch  manner  as  a  majority  of  the  laid  truftees  or  directors  lhall  from  time  t«time  think 
convenient. 

V.  And  for  continuing  the  fuccefTion  of  the  truftees  or  directors,  be  it  further  enacled,  by  the  authority  afore  faid,  in 
cafe  of  the  death,  refufal  to  aft,  «r  removal  out  of  the  county  of  any  of  the  faid  truftees  or  directors,  the  fuivi.n'ng  or 
ether  truftees  or  directors  or  a  majority  of  them,  fhali  affemble,  and  are  hereby  impowered  from  time  to  time  by  in- 
ftnioignt  ol  writing,  u  ider  their  refpective  hands  and  feah  co  nominate  and  appoint  fome  other  perlon,  being  a  free- 
holder jn  laid  town,  in  the  place  of  him  fo  dying,  refuting  ro  act  or  removing  out  of  the  county,  which  new  director 
or  d. rectors  fo  nominated  and  appointed,  fhall  from  thenceforth  have  the  like  power  and  authority  as  if  he  had  been 
axpreffly  nominated  in  and  by  this  act. 

Chap.  LX1V.  An  act  to -eftablifh  the  town  laid  off  at  Guilford  courUhoufe  bv  the  name  o/Martinville. 

WHEREAS  a  town  hath  been  laid  off  at  Guilford  court-houfe  at  the  inftanct  and  requeft  of  many  of  the  inhabi- 
tants of  the  Lid  county,  that  thereby  an  inland  trade  might  be  encouraged  and  promoted  in  that  part  of  the 
fhte  :  and  wuereas  divers  merchants,  artificers  and  other  perlbns,  induced  from  the  pleafant  and  healthy  fituation  cf 
the  place  aforefaid,  and  the  great  number  of  neighbouring  inhabitants  have  purcnafed  lots  from  the  proprietors,  erect*. 
•»d  buildings  and  made  confiderable  improvements  for  the  purpcle  aforefaid,  and  are  deurous  the  faid  town  be  efta. 
b'lfhed  ov  legifUtive  authority  : 

1.  B:  it  therefore  enaffed,  by  the  General  Affemliy  of  the  State  ef  North-Carolina,  and  it  is  hereby  enacled,  by  the  au. 
thority  of  thefomc,  that  one  huudred  acres  oi  land  adjacent  to,  and. whereon  Guilford  court-iiouie  now  ftandc,  belong- 


i6g 

}n<r  to  Alext>ider  Martin  a  -  '  Thrill  ffex  terf-m,  E  qn:r<?s,  who  hare  fi  rn'fied  rncir  Cdnfent  for  this  pvtrnofe,  be    etu- 
,i  ro    :i  i   (I  .1  town  i    mm6n,   .  gi-eeable  to  ti  e  plan  la  d  i  ft"  b >  II  illiutn  Dent,  Enj.  by  the  wme  of  Martmviue. 

II.  itnl  be  it  further  ena.ted.  by  the  authority  afor.fuid,  that  fiOiii'and  after  the  pijti.ig  of  this  ad,  U'iiLatn  Lent,. 
Rnlpb  Xiftrrell,  Ribertlttdfuy,  Jahii'hfumilt'iTt,  Ptttl a-n  Dick,  and  B'.izjlla  GanJne'r,  Efq''^.  be  and  they  and  every  oft 
ttierm,  arc  hereby  c  ■:iit.:u'  ."J  (  o  n  nifli  jn<  rs  to.-  i!ie  fuf-ther  uefigiiirtgi  builcTng  a  ..I  improving  the  faid  town;  and 
il  j  111 all  (find  ev.ed  of  an  indefe;  fi  >!e  eftate  in  fee  timple,  of  and  m  the  relid,-e  :f  c;ie  fud  one  hundi  ed  a '.res  of  la  id 
thai  regain  undHpofed  of,  to  and  fir  the  lifes  anil  purpoles  hereby  exprelled  aid  declared,  except  in  two  lots  the 
proprietors  fhail  itoke  choice  bi  ;  w  Hich  are  herebv  relerved  to  each  of  tneir  p  oper  nle  and  behoof  in  leverahy,  and 
their  netrs,.-ind  aliigns  for  ever.  And  tne  bio  c.-immiihoners  or  a  majority  of  there,  /ball  make. and  exfcute  deeds  to 
fu>.h  re  (  dive  pcilo  is  -a  bo  Ih.iil  bagpnw  pM  ch  dens  oi  any  lot  or  Jots  m  tee  bid  town  tha-t  remain  unfold  bv  •  the  pro-- 
pnetors  aforcf  ;U,  at  iht  cod  and.cbarg.s  of  the  grantee  or  grantees  ;   v  h  ch  lit  or-lots,  by  virtue  of  the  laid  convey 

a    .,-,   lhall  be  held  to  Inch  ptirc:ialer  or  purchafersTri  fee  fi  tiple,     c  his  cr  theie  heirs  or  afhgus  for  ever.  • 

1;I.  Aid  be  it  further  en^fled,  by  the-  a;  thoriiy  'dfor -efaid,  that  alf  monies  M'niclV  ffiall  ar.fe  irom  the  difpofal  of  fne 
lots  ot  the  fa  d  town  by  the  comuniiiontrs  (lull  be  receh  ec!  by  them  cr  their  futcefiors,  and  after  deducing  their  rea. 
ionahle  charge's  and  ex;  encts,  ihe  fame  lliail  b«  p.;id  by  them  to  the  laid  Alexander  Mat  tin  and  Thomas  Henri  erf  on, 
their  exec  itors,  adminiltracors  or  alliens. 

And  for  ihe  conii  .uing  trie  fncceffion  of  the  fad  cornrniffior.ers,  be  it  further-  ertacTeJ,.   by   the   authority  e}orefaidt-. 
that  in  cafe  of  t lie  death,   refufal  to  act,  or  removal  out  cf  the  county  of  any  of  the  laid  conmiiflsoners,  the    furvivors. 
01  a  majority  of  them,  lhall  aflemWa,  ai  d  are  hsre  ;y  autbprifed  to  ndrnhiate  and  appoint  by  ii.Urument  of  writing  un-   . 
iter  their  hand?,  fome  other  perlbn  being  an  inhabitant  and  freeholder  of  the  faid  county,  in  the   place  and  room  of 
him  to  dead,  refilling  to  act,  or  removing  out  of  the  tnueby  aiurefaid  ;  .which  laid  'cominiGioners  fo  appointed,  lhall 
Lave  and  exercife  all  the  fame  powers  and  authorities -in  all    matters  lieiein  contained,  as  the  perfon  in  whole   roor.) 
ar.d  tbad  he  was  fo  appointed  had  and  exerofed.     Provided  always,  that    tie    fprings  and   water-couvles  in   the  faid 
towri  ill  Ul  be  relerved  lor  public  ufe,  and  the  inhabitant;  thereof  (hall  have  freeegreis  and   regrefs  to  and  from   the  - 
tame,  by  fuch  lireets  or  alleys,  as  (hall  be  deemed  and  laid  off  hibft  eonver.ieiit  by  the  faid  commifJioucrs,  any  thing 
contained  herein  to  the  contrary  notv/idiflandinj_<,  . 

Cl'AF.  LXV.  An  actio  eflabl'ifha  town  in  the  fork  of  Cumberhnd  and  Rtd  river  on  the  e.ijj  fdetf  Hed  rhicr  in   D.;v:cl- 

fflii  co.tnty.    ■ 
\X7HEREASa  town  has  been  laidoff  in  the  fork  of  Cu.nbenand  river  and  Red  river,  on  the   eafl  fide  thereof,  'ai'd- 
*»     a  confideiable  number  of  lots  lold  by  the  proprietors,  and  the  purchalers  of  thefe  io  s   are  delicous    that-  the  ' 
tpwn  fhoi'ld  be  eilabl. fliecl  by  legifl.iiive  authority  : 

I.  Be  it  t-eref-jre  enacted,  by  the  General  A  [en  It  of  the  Srite  o/"Nor;h  Carolir.i,  r.nl  it  it  hereby  en  'ded,  by  the 
authority  of  the  \v;ie,  that  two  hundred  acres  of  land  I)  in  >;  in  tne  fork  of  the  Cwnbe  land  Hvef  and  Red  river,  on  the 
tait  fii«  Jrareof,  belonging  to  JoblpMofitgQmory  and  Martin  AtmfirM^i  Efq'rs.  who  ha'-e  fij,n:fi  .i  the>r  confent  for 
thislpiwpefej  be  eilabhflied  a  town  and  tO>*n  comaiJ.i,  agreeable  to  a  nlaaiaid  off  by  ti.e  laid  /;  a  tin  Armj.nrg,  Llq. 
I)    rlie  name  of  CI  rkefvlh. 

l!.  Ar.d  be  u  jui  t :\r  dii.Sed,  bvtbe  authority  aforefaid,  that  !rom  and  after  the  pairing  oftfili  aft,  John  teentgomeYJf 
Anthony  B  foe,  Anthony  C-uther,  William  folk  and  Lardner  Clarke,  F.iq'rs.  be  and  tiuy  and  every  of  them  "are  Ik  iv- 
by  conlbtuted  conmil;io:iers,  tor  tne  further  deli^omg,  building  and  improving  the  faid  town,  and  they  flia'.l  (land 
k-iz.ee!  o'  an  in  lefeafible  ella'e  in  fee  liinple,  of  and  in  tne  refidue  of  the  f  dd  two  hundred  acres  of  land  that  remain  u.i- 
dilpi  fed  >  f,  to  and  lor  the  u!es  and  p'.irnoles  hereby  expreiied  and  declared,  except  fuchbrs  as  t'ne  prnp'ietors  lhall 
nr-ke  choice  of,  which  are  hereby  relerved  to  each  oi  their  proper  ufe  and  tiehoof  in  lever aky,  and  their  heirs  and  af.  ' 
li  us  for  e  ver  ;  and  the  laid  conmifiioners  or  a  majority  of  tbcin,  lhall  make  and  execute  deeds  to  fuch  relpectivs 
perfons  as  ftiiil  become  pm chafers  of  any  lot  or  lots  in  the  faid  town  that  remain  unfold  by  the  proprietors  atorefaid, 
at  the  colt  and  charges  of  tl  e  grantee  or  giantees,  which  lot  or  lots  by  virtue  of  fuch  conveyance,  (hall  be  held  to 
fur'i  pur.iiaier  or  pu;cha  ;rs  in  fee  fimple  to  bis  or  their  heirs  and  aifigna  for  ever. 

III.  And  be  it  f;  riher er.a&td,  l>r  the  authority  ajortjaid,  that  ail  monies- which  lhall  arfe   from  the    difpofal    of  the 
lot    of  the  laid  town  by. the  cojumiffiqntrs,   liiail  be  received    by  them  or  their,  fucceficis,  and   after   deducting    their   - 
leafonable  charges  and  expences,  the  fame  fliall  be  paid  by  them  to  the  faid  proprietors,  their   executors,  admin iflra-  - 
tors  or  affigns.      And  tor  continuing  the  fucceffion  c'f  the  taid  connniflioners  ; 

IV.  Be  it  further  enaEiei,  by  the  authority  aforeiaid,  that  in  taie  of  death,  refufal  to  acT,  cr  removal, out  of  the 
cru  ,ty,  of  any  oi  the  fa, d  ccmm.i!icne]>,  the  l'urvi\ors,  or  a  majority  of  them  lhall  :.ffenible,  and  hereby  are  authori- 
ze^ to  n  miniate  and  ippoint,  by  inflrument  in  writing  under  their  hands,  fome  other  perlou.  being  an  inhabitant  and 
freeholder  ct  the  faid  county,  in  the  place  and  room  of  him  fodeid,  refuting  to  act  or  removing  out  of  the  county, 
which  laid  coTntmfhoners  fo'  "ppointed,  lliail  have  and  exercife  all  the  fame  powers  and  authorities  in  all  matters  her:- 
hi  contained,  as  the  perlon  in  whole  room  and  Head  he  was  io  appointed,  had  and  excrch'ed. 


170 

Chap.  LXVI.  An  aft  to  amend  an  eft  to  e/fahUfh  the  town  of  Morgan,  and  to  i\re!t  thelnWdiltg  a  court -houfe,  atii  frU 

fin  in  the  lame  jar  the  ai/iriB  a/°  Morgan.- 
XXTHEREAS  agreeable  to  the  above  recited  aft  the  lots  fronting  fix  ro  is  on  the  main  ftreers,  are  extended  no  more 
*  *     tlian  twelve  rods  back,  and  it  is  reprefented  that  it  would  b.- more  convenient  ano  advantageous  to  extend  the 
fa  id  lots  twenty-four  rods  back. 

I.  'Be  it  er.aBed ,  by  the  General  Jfjembly  of  the  State  if 'North-Carolina,  and  it  is  hereby  enacltd,  by  the  authority  of 
the  fame,  that  ail  the  lots  fronting  fix  rods  on  the  main  lireeta  of  laid  town,  and  no  more,  fhall  be  extended  twenty -four 
rods  back. 

Ch  ap.jLXVII.  An  aB  to  amend  an  aB for  e/}ablfhing  a  town  on  the  landof  Richard  Evans,  by  the  name  fl/Martinborough, 
faffed  at  Nrwbern,  1771  ;  alfo  to  amend  another  aft  to  amend  the  before  recited  acl,  faffed  at  rsewbern,  in  March, 
1774.     /.  *4  6  72. 

WHEKEAS  by  the  before  recited  aft,  no  provifion  has  been  made  to  enable  the  commiffioners  to  make   title!  to 
lots  in  the  laid  town  : 

I.  Be  it  enaBed  by  the  General  Jffembly  of  the  State  of  North-  Carolina,  and  it  is  hnebv  era  fled,  by  the  authority  of  the 
fame,  that  from  and  after  the  palling  of  this  aft,  it  mill  and  may  be  lawful  for  the  faid  commiffioners   or  a  majority  of 

them  and  their  lucceflbrs,  to  give  a  deed  or  deeds,  to  any  perlon  or  perfnnn,  their  heirs  and  alligns,  who  have  not 
had  deeds  for  the  lot  or  lots  drawn  for  them,  Provided,  they  can  make  it  appear  that  r hey  have  paid  thepurcbafe  money 
to  the  proprietors  or  treafurer  ot  faid  town. 

II.  And  be  it  further  ereBzd,  by  the  authority  afo'-ffaid,  if  any  perlon  or  perfons  have  had  a  lot  or  lots  drawn  l«r 
them*  and  the  purchafe  money  has  not  been  paid,  and  they,  their  heirs  and  alligns,  lhall  make  amplication  to  the  com- 
miffioners within  four  months  after  public  notice  is  given,  and  pay  the  purchate  money,  and  the  in:trett  from  the  time 
ofdrawing  foch  lofor  lots.then  and  in  that  cale  it  lhail  and  mav  be  lawful  for  the  commilfioners  of  thefaid  town  togive 
a  deed  or  deeds  forfuch  lot  or  lots  in  the  fame  manner  as  deeds  have  heretofore  been  given.  Provided  neverthelep, 
that  if  any  psrlbn  orperfons  fhall  fail  to  make  their  claim  within  the  time  by  this  net  given  them,  then  and  in  that 
ca<e  it  fhall  and  may  be  lawful  for  the  faid  commillioners  to  fell  all  foch  ic  s  it  public  verrdue  to  the  highefl  bidder,  and 
lhall  pay  to  the  proprietor  his,purcha!e  money  and  iniereit,  and  in  caic  any  overplus  fhall  be  left,  the  commillicners 
■fhall  and  may  lay  it  out  for  the  ufe  of  faid  town,   to  purchafs  books,  and  clearing  the  Itreetsand  alleys. 

.HI.  And.be  it  further  en.iBed,  by  the  authority  afirefiid,  that  the  comtniiiioners  of  faid  town  (hall  and  Buy  meet  as 
ofren  as  a  majority  ot  them  lhall  thinlcpioper,  to  make  luch  rule. and  orders  as  they  (hall  think  needful  for  the  benefit 
of  faid  town,  and  may  lay  a  tax  on  each  taxable  perlon  being  liable  to.pay  taxes,  and  being  an  inhabitant  of  laid  town, 
a  fum  not  exceeding  eiaht  millings  on  each  po.l,  and  a  fum  not  exceeding  eight -millings  on  every  hundred  pounds 
value  of  town  properly  ;  and  the  faid  coinmiifioners  (hall  at  their  firil  meeting  «fter  the  palling  of  this  aft,  chool'e  theisi 
a  clerk  and  treafurer  out  of  their  own  body,  and  wfieu  cholen,  .fh-.ll  enter  into  bond  with  fufficient  fecunty,  in  the 
fum  of  five  hundred  pounds  to  the  commiflioneis,  for  the  faithful  d  (charge  of  their  trull,  and  fhiil  keep  a  book  for 
that  purpofe,  and  fhall  render  a  true  and  jult  account  of  all  their  proceedings  whenever  the  faid -commiffioners  fhall 
require  It  ;  and  in  cafe  of  neglecl  or  refulal,  it  fhall  and  may  be  law  lul  for  the  faid  commiifioners  or  any  three  of  them 
•0  cite  'he  treafurer  to  appear  at  the  next  court  to  be  held  tor  tne  fad  county,  tney.firfl  giving  nim  len  days  previous 
notice  in  writing,  and  the  court  fhall  preeeed  as  in  other  cales,  any  thing  to  the  contray  notwithstanding^  and  the  mo. 
nry  arilirjg  from  fuch  fuit  lhall  be  laid  our  for  the  benefit  of  the  town. 

IV.  And  be  it  furihe  enaclei  by  the  authtrity  afo'efaid,  that  the  cominiflloners  fhall  have  full  power  to  fummons 
all  the  males,  being 'inhabitants  of  laid  town  and  liable  to  work  on  roads,  to  work  on  the  ftreets  and  alleys,  not  ex- 
ceeding twelve  days  in  any.  one  year  ;  which  faid  inhabitants  on  failure  or  refuling  to  meet  and  work  on  the  laid 
streets  and  alleys,  fhall  be  liable  to  the  fame  penalties  and  forfeitures  which  delinquents  to  work  on  roads  are  liabls) 

V.  And  be  it  further  entiled  by  the  authority  aforefuid,  that  no  perlon  being  an  inhabitant  cf  faid  te  wn,  fh.  11  be  hablsi 
to  work  on  roads  for  the  furure,  for  the  fervice  aforefaid. 


XI  Year  of  Independence.     The  18th  of  November,   1786. 


Chap.  XXIV.  An  aflfjr  the  relief  »f  George  Laine  Moore  and  William  Jones. 

WHEREAS  it  is  made  known  to  the  General  Alfemi>ly,  that  George  Miller  purchafed  of  John  Campbell  and  Alex* 
under  Ai'CuUoch,  as  agents  far  Henry  M'Culloch,  three  hundred  and  twenty  acres  of  land,  on  the  twenty-ninth 
of'Decemijr,  one  thoutand  leren  hundred  and  fifty-feven,  for  the  coifi  deration  ot  twenry. fit  2 pounds  i  and  that  the 
deed  of  conveyance  for. the  fame  is  torn  and  great  part  thereof  loft  without  being  registered  ;  and  alfo  that  the  afore- 
named Garge  Miller,  after  being  pofleffed  thereof  near  twenty  years,  hath  fold  thefaid  lands,  viz.  two  hundred  and 
fevsnty.  acres  to  Michel  XediuiU,  and  fifty  acres  to  Mat/mn  Oa-key.;  and  that  the  faid  lands  hath  been  fo  fold,  viz.  filty 
teres  by  the  faid  Qukey  to  IVillism  Jones,  and  the  remainder  two  Hundred  and  fe verity  acre*  by   thc'iaid  Redwillm 


i7i 

(torgt  Latnt  *'r>r.:  And  writrriM  the  efrafes  nf  fair  and  honeft  purchafer3  may  be  drawn  in  qucft'on  »he  original  deed 
no;  having  beer  'T.ived  ard  i-'j  i't-red  :  for  n  n  c  i    whereat, 

!.  Eeiiettcftd  by  the  Gtner  I  Afl'emB y  oft he  St0ti  G/Nert'i-Carolina,  and  it  is  b.'rebv  etiaftcd,  hy  the  authority  of 
ibe  fame,  that  upon  registration  ot  the  fragmtfP!  of  the  laid  original  deed,  and  of  the  deeos  to  Mich/el  Red-utll  and 
TV.  tthan  Oakcy,  tae  fame  (hail  be  good  anil  vaiiti  ro  all  intents  and  purpofes  as  the  original  would  have  been,  had  the 
fame  been  regiitered  entire  acceding  to  law  ;  any  law  to  the  contrary  notwithstanding. 


Chap- XXVI.  Art  addnioml  aSl  to  an  act,    infilled,    "an    aft  for  the  regulation  of  the  town  of  Neiubern,  and  for 

other  purpoles."     p.  83. 
YT    HEREASit  is  neceSTary  that  the    conduct  of  idle  and  diforderly  (laves,  free    negroes,  and   per(bns  of    mixed 
V  V    blood  in  the  laid  town,  Ihould  be  properly  retrained,  and  that  Such  regulations   be  made  'relpe&nig    them  as 
will  prevent  the  mifchiets  and  evils  at  prefent  existing  ; 

I.  £.■  it  therefore  enacted,  by  the  General  stffembly  of  the  State  of  North-Carolina,  and  it  is  hereby  enabled,  by  the  aw 
thority  of  the  fame,  that  the  cornmifiioners  of  the  laid  town  to  be  appointed  at  their  next  annual  election,  ai;d  their 
fucceffors,  (hall  have  full  power  and  authority,  and  they  are  hereby  directed  to  make  Inch  bye-laws  and  regulations 
■with  f uch  penalties  from  time  to  time,  for  the  restraint  of  idle  and  disorderly  (laves,  Sree  negroes,  and  perfons  of  mix- 
ed blood,  ai  to  them  Sluil  appear  juft  and  neccSLry.  Prcvidtd,  that  the  Same  be  not  incompatible  with  the  laws  of  this 
itate. 

II.  Ard  be  it  further  em  tied,  byihe  authority  cfcrefaid,  that  the  Said  ccinmiffiriiers  and  their  fucceflcrs,  Shall  all* 
from  time  to  time  make -and  adopt  any  laws  or  regulations  that  they  may  deem  nec^lTary,  to  prevent  perfonsfrom  tra- 
ding or  dealing  with  the  Slave  of  either  the  inhabitants  of  the  county  ol  Craven  or  of  the  Said  town  ;  and  that  all  fines 
that  the  faid  ccmmiflioncii  may  levy  lor  a  breach  of  anv  of  their  laws  or  regulations,  (hall  be  recovered  by  a  warrant 
and  determined  before  ajnifice  of  the  Peace.  P  9 voided  neverthslefi,  that  nothing  herein  contained  (hail  be  conStrued 
to  prevent  or  debar  any  perfon  thinking  him  or  herlelf  aggrieved  by  the  decision  of  any  Julbce  on  fuch  warrant,  frot* 
a  right  ( 1  appeal  to  the  court  of  Craven  county ,  firft  giving  Sufficient  feturity,  where  the  caufe  Shall  be  tried  de  novoby 
the  Judices  of  the  Said  court  tr  by  a  lawful  jury  at  the  option  of  the  apetlant,  at  the  firll  court  to  which  the  appeal  i« 
made. 

And  whereas  by  an  aft  ot  Aflemhly  palled  at  Newb:ru  the  fifth  day  of  December,  one  thoufand  feren  hundred  and 
fixty  (even,  intitled,  "  ana ft  /or  invejiing  certain  lots  in  the  town  of Newbern  in  his  excellency  the  Governor  and  his  fuc 
*'  crjfhrs,"  in  the  fifth  feet  ion  of  the  Said  tecited  act,  it  appears  that  £t/f». Street  was  then  veSted  in  his  Excellency  the 
Governor,  which  has  been  prejudicial  to  the  inhabitants  of  faid  town  ;     N.  C.  L.  1767,  4,  23  t. 

HI.  Be  it  enuftid,  by  the  authority  cfjrejaid,  that  it  fhall  and  may  belau  ful  for  the  laid  commiffioi'iefs  or  a  majority 
•f  them,  at  their  Grit  meeting,  to  cause  that  part  of  Edtn-Areet  which  extends  (rom  Trent-river  to  Pollack  Street,  and 
which  by  the  betore  recited  act  veiled  in  the  Governor,  to  be  again  opened  for  the  benefit  of  the  public  in  the  Same 
manner  as  an)  other  Street  in  the'i'aid  town,  any  law  ro  the  contrary  notwithstanding  ;  and  ;hat  To  much  of  the  afore 
recited  aft  as  comes  within  the  purview  of  this  act,  (hall  be  and  is  hereby  declared  to  be  repealed  and  made  void.  Pro- 
vided, that  nothing  in  this  aft-cont  tined  Shall  extend  to  enable  the  faid  commilfioners  to  encroach  «n  any  of  the  public 
buildings,  or  on  a:iy  part  of  any  of  the  lots  purcbafed  for  the  public  in  the  faid  town. 

Chap.  XXVI  I.  An  eft  to  autkorife  tie  late  commiff.oners  of  fpecific  fupplies  for  the  fevcral  counties   therein  mentioned  it 
colled  tharreoragts  0)  I  pec  if c  taxes  yet  due  from  the  inhabitants  thererf. 

WHEREAS  the  fpecific  taxes heret  fore  afleSTeil  on  the  inhabitants  of  the  counties  of  Bertie,  Burke,  Rutherford, 
Randolph,  Tyrrel  >md  Frank'in,  have  not  been  fully  collected,  and  it  may  be  doubted  how  far  the  late  commilli- 
•ners  appointed  for  the  collection  of  the  Said  taxes  have  now  a  power  for  that  purpofe,  or  whether  they  have  any  iit 
■all;; 

I.  Be  it  thet  tfore  er.tctcdt  that  every  perfon  who  has  been  duly  appointed  a  commillioner  of  fpecific  fupplies  in  any 
•fthe  laid  counties  for  any  one  or  more  years,  who  has  not  fully  collected  the  fpecific  tax  due  from  the  inhabitants  of 
the  county  in  which  he  was  appointed  ■«  commissioner  for  any  luch  year,  his  executors,  administrators  or  appointee 
(ball  have  full  power  and  lawful  authority,  and  the  laid  commifficner,  his  executor,  administrator  or  appointee,  is  ard 
are  hereby  reejuired  to  collect  the  fame  within  twelve  months  at  farthest  after  the  palfing  of  this  aft,  and  to  ufe  al] 
and  every  the  methods  to  inforce  the  payment  of  the  faid  tax  where  the  fame  may  be  neceflary,  as  Such  commiflion- 
er  was  lawfully  invested  with  the  power  of  uTing  when  the  faid  tax  become  due  ;  but  eTcry  perfon  owing  the  fame  or 
any  part  thereof,  fhall  w  hen  called  upon  -for  payn  ent  thereof  under  this  act,  pay  the  laid  tax  in  enrrency,  according  to 
Cucli  rates  of  commutation  for  mot.ey  as  were  eltabhflied  by  the  refpective  afts  under  which  Such  taies  Severally  became 
due,  and  where  no  luch  rates  were  then  eftabhfhed,  according  to  the  rates  affixed  by  the  lair  Specific  tax  law. 

II.  At  a  be  itfuither  enacled,  that  the  reSldi.e  of  the  faid  taxes  now  due,  when  collected,  Shall  be  accounted  Tor  in 
fuch  manner  and  according  tc  Such  rules  and  regulations  a*  are  prel'cnbed  for  collectors  of  public  monies,  and  Shall  be 
fubject  to  the  fame  penai  ies  for  neglect  Or  1  efulal. 

III.  And  be  it  further  ewcled,  that  iu-all  -cal.:s  .here  any  perfon  fhall  allc-dge  that  the  faid  tax  afleffed  unon  him  of 
htc  in  any  year  w  psrt  intfreol  i>a;>  beet;  paid,  and  thai  he  or  She  cither  did  not  take  a  receipt  for  the  lsuit  cj  thai  u» 


1-2 

reeejpj  has  h.::c:i  'oil,  rtffl  «i<- o  ■!  RtowW    h  Qj  '■  bfq  '  '■  r  J  I  -  flioh  pej  f  ■■  so  F»{i1{ fowl hth  rspf.hefon  r-  ir.'   J -dike 
of  the  Peace,  or  affirmation,   a  J  luch  o .,.:  ■  r    ,  (b  i     tie    laid   md  tjkeu  .        uifi       i    jvr  .  -  r, >=i -...% 

waspiuio,-  ,)'n  r'nei-Lof,   .1   .1  Ih  mi  dpcrat :  as  .:  j  1 ..  oi  '.V.laue,   ofiuch.   '••  t  ,  iien      ..:;.:l 

be  lb  I    <  r:i  or  :  ffi  ;ikJ  ro.      Povi.td.  rhat,;lui*ft$  lhalU*ftt  .eaabje  any  cpmm.iiionei      us  i(,    m.,   a.or  or 

appJinee,  toco  Ject  mors  ti  aa  a  fingle<taxfois  a.iy  particular  year  from  any  perio»  uyba.io  iver, 


C;MP.  XW'TT.  An  afd'iio  a! srl  to  an  ,■  ft ,  int!:l  d,  ai  .rl  to  ji"  tlri  an  :<  ft  p-!ied  ar  V  —shf-n  t;c  lir  it  day  of /)<>•->>*♦ 
{gr:  o  le  th ou&nd  Seven  Lu.idred  a  id  ii^ty  Ux,  eniiiltd,  an  act  foi*  eitabihk  1  g  a  !_,..•>  i-d>yttfe  hi  t.ie  iuwu  oi  i\'ci»m< 
/>f» »."     />.  125. 

.HE  \£Ao  the  Nezvbcri  .-pt'emv  ejlabliflied  by.  the  before  qacjted  act  will  pruir.ons  ii;..  vaiu-ibl?  and  ufVfuj  pur^o-. 
po  es  for  which  it  was  Litem  ed  if prope.:  ly  eii^ou,  aged$  and  as  it  bath  been  reprefem;  cl  c  » thispejjer^!  Ail  .iiv 


Vv 


Uythataloi  of  land  with  the  improvements  thereon  in  the  .town  of  Nev/bettfi  cpm.yonjV.  cabed    auJ  kiio  -n   bs     11 
appella  ionef  the  Glebe,  which  w,  s  iormerl/  prchaled  1*  the  expence  of  the   mi;.,     tan  s  of  the  county  ui  Craven  for  - 
the  refidpnee  of  1  minuter  of  trie  Ep  ifcopal  chinch,  would  tend  to  ihe.niireaie  of  the  funds  of  tiie  laid  academy,  ii  the 
Jain    wis  veiled  i.i  the  trultees  thereof; 

1.  Be  it  there/ore  enicled  by  the  General  Affe.v.hly  of  the  State  of  North  Carolina ,  and  ii  is  herely  epacli  d  by  the  a-Jht. 
*'fyofthefa.ne,  that  the  Jot  of  land  in  the  to.vn  ot  .Veiub:ri,  fituste  on  Middle  «.;id  John/ion  Itrtets,  arid  known  a  d 
defcribed  in  the  plan  of  the  (aid  rown  by  the  number  three  hundred  and  twenty- two,  t<  gether  with  ill  1  e  in  pi  ove-j 
ments  thereon,  be,  and  it  is  hereby  declared  to  be  vetted  in  the  nutlets  for  promoting  and  eir..bi  iJhing  the  A'lwbe.  n 
acaoemr,  and  their  luccelTor;  forever,  in  '.rnft  to  and  for  the  benefits,  ules  and  purpnfes  of  the  act  tmy  ;  anil  the 
laid  tiufteesor  a  majority  oi  them,  at  their  firlt  meeting  after  the  palling  of  this  act,  may  take  poffeliion  ofthe  i'ai.l  lot 
and  improvements,  and  rent  or  otherwife  di  pofe  of  the  fame  in  luch  manner  as  to  ihem  may.  appear  molt  advantage- 
ous to  the  laid  academy. 

C.HAP.  XXIX,   /fn  aft  frr  improving  the  navigation  to  Nc  w'uern. 

WHEREAS  it  is  reprefer>ted  to  this  General  AflTcmbly  rhat  the  navigation  for  fm.-il!  vellelsfrotn  Nevjbern  to  Cm. 
cock  bar  and  Beau/cri,  may  ba  greatly  facilitated  by  cutting  a  Cinal  acrols  a  certa  n  point  ot  majih  fi  jm  lurii* 
<JC/i??>b*v  'o  Long  bay  ;  and  that  the  property  of  the  marfh,  fo  much  of  it  as  hath  been  fury  eyed,  is  veiled  i.V  'Richard 
Blackledgj  and  Aimer  Neale,   who  have  con  leu:  ed  that  a  canal  (hall  be  opened  through  tne  fame  : 

1.  J3;'  it  therefor*  cnacled,  by  the  General  /SfJembJy  of  the  State  (/"Ncrih-Caro  ina,  ana  it  it  hereby  e>wcl>di'  ly  the  an- 
Priority  of  t<e  fame,  that  Richard  Wudr,  /-fa.lijhop  and  John  Bragg,  (ha;l  be  and  are  hereoy  tonititiited  trulJces  for  se- 
teivhig  liiblcrptions  (or  the  purpole  of  opening  a  canal  acroi's  the  pciut  of  mar  (J)  from.  Tui  >:  again-h  iy  to  'Loiig  bay  ;  aod 
they  are  hereby  au.horifed  to  lue  lor  and  recover  all  .;jch  funnof  money  as  (hail  be  |ubfcnov.d  :or  that  pu;  pele,  as.*i 
the  canal  whei;  they  (hall  have  opened  the  fame,  (hall  be  deemed  a  public  canal  and  tree  tor  all  velu.li,  forever. 

C'Ai^.  XXXf.  An  act  to  repeal  fart,  of  an  aft  faffed  ff  Newborn  the  twenty-ninth  day  f  Decembeir,  Jeventeen  hun  '  ' 
end  eighty  fi.ie,  entitled,  "an  act  for  dcdioyiiig  wolves,- panther:,  bears,  crows  and  fqjlrrels  in  the  ieveral  cou  Hies 
therein  mentioned."     p.  155. 

I.  T">  E  it  enailed,  by  the  t7c  neral  Afimih  of  the  Stale  of  Morth-Carolina,  aniit  is  enail.  d  by  tie  autho'  ity  cf  1  be  a;iet 
jO  that  from  and  after  the  p«min_rof this  act,   ti.e  before  recited  act,   avid  e^er,'  article  thereof  as  iar  a^  reiat      10 

the  counties  of  Wake,  Rutherford,  Meckl  nbwg    DrAbs,  Eru.fwick,  7yml,  Wjlhas  and  Surr.y,  be,   and   the    .a.K-    is 

hereby  repealed  and  made  utterly  void,  \o  far  as  the  fame  provides  for  the  killing  and  deifruclio.i  of  crows  and  iqarrelb. 

(  hap.  XXX1JI.   An  acl  j-ir  the  better  regulation  of  the  JVavi  oj  HiKfboiough. 

WHER.EAS  it  is  the  interell  of  ihis  lta:e  to  regulate  the  towns  thert(  f»ndenci  ura^e  ther  trade,  and  the  laws 
heretolore  made  for  regulating,  the  town  ot  Hil/Jboroiigkhayepvpvhd  deleclive  and  inconven'e;vt  : 
_  !•  $e  it  therefore  enabled  ,'y  the  GeqerQl  //f/embly  if  the  State  cf  North-Carolina,  ani  it  is  hereby  ci. ailed  '<y  the  a-iiho- 
rtty  of  tpefhme,  ihat  the  books  id  whicli  the  proceedings  of  the  coinniiffioners  have  been  entered  by  themfelves  or  1  lie  ir 
clerks  refpcct'mg  the  election  of  cotnmiliioners,  granting  and  conveying  lots,  drawing  lot.-,  ordcrj  and  leuluiKiits 
V'-t  :  relpe:t  to  town  inones,  arid  all  the  proceedings  agreeable  to  the  idts  heretofore  palled  for  tiie  rc.;'.i'aiion  ot  the 
iani  tjwn,  fliall  be  .ond  are  hereby  confirmed,  at>d  fliall  be  received  asevidence  in  any  court  ot  law  or  equity. 

I!.  Be  it  further  cnacleJ,  by  the  authoi  ity  afcrefaid,  that  feven  comnnrnVners  (hall  be  cholen  on  'he  hilt  Saturday  in, 
February  next,  and  the  (herhToF Orange  or  hib  deputy  is  hereby  required  10  attend  at  the  court  houle,  or  fome  convv- 
niei't  place  in  the  (aid  town  on  the  fame  day,  and  at  t!  c  hour  of  ten  cAlo  k  in  the  morning,  to  open  the  poll  and  >  f' 
<-e  *-'e  the  txkets  in  the  pretence  of  two  in  pectors  ;  3:  d  when  the  electee  ihall  be  finiihed,  ftich  returning  officer  and 
nifpeclors  fliill  in  the  prefence  of  fuch  of  the  electors  as  choofe  to  ratend,  examine  and  number  the  ballots,  and  the 
^P/fons  having  trie  grea  eii  numlier  of  ballots  (hall  oe  declared  duly  el>.cte  I  ;  and  in  l.ks  m.-.iner  the  faid  (Leriil  or  t'  e 
*  Jt^nzr,  fii-ll  giving  t^n  days  uocicv  by  public  atl'vertUeoietir,  (hall  on  the  Grit  Saint-fa  in  February  in   every  year  al- 


!73 

tetwarJs)  in  the  fame  manner  open  the.  poll,  receive  the  tickets  anJ  prO-Iaiin  the  cimmiiTioners  for  the  et  filing 
VGac,  und«r  ciif  penalty  of  titty  pounds  tor  e >•:.-.■  ileglwcl  or  retuial,  to  be  recovered  by  action  of  dfebt  in  the  coui  t  oF 
the  county  of  Orange,  by  any  per  ton  who  mall  fue  for  -he  lame. in  one  'year  aitft*  fuch'neglsfl  of  refnfd,  one  hall  ;  > 
the  profecuter,   theo.iie>-  halt  to  ba  pad  to  the  treaftirer  of  tie  town  for  the  life  of  laid  ;o.vn  ;   and  thn    cotnftiHDoW- 

er^  id  cholen  Ihall  befoie  they  enter  on  the  execution  of  their  office  take  the  following  (Mth  s  ''  I  A.  B.  do  /wear,  tint 
.'  faithfully  di/pbai  --e  the  sffiice  of  a  co  f*  riiffiomr far  the  town  of  H.!liborou_;h,  agterabk  to  lUft)  dnd  to  the  belt  of  my 
"  knnuledge  e.id  judgment." 

III.  AntL.be  it  ftrtlxr  en.;il:dt  ly  thr  authority  ajytfAJ,  th  it  the  commifiionf  rs  (hall  appc-nt  one  of  t-.<  ir  c.vn  hotly 
to  act  as  treafurer  of  the  town  lor  tint  \  ear,  to  receive  and  sec  Hint  for  the  town  monies,  for  Which  a  regular  ei:try 
muii  be  made  in  a  book  kept  for  that  j.nq  ofe  ;  .,\v.l  apofl  the  appointment  if  a  nc.v  m-al'iirer  the  old  one  Ihall  imme- 
diately, pit's  his  account  >■.  ,.h  hm,  and.pjy  aoy  balants  there  may  be  in  his  hinds  :  P  ovided,  thaf  before  fi'Ch  tre'a. 
lUrar  enters  upon  his  office,  he  ihall  ^ive  his  bond  with  good  lecurity  ;  payable  to tho-'oawniilioners  for  the  faithful 
difthtrge  of  his  duty. 

IV".  An  I  be  It  further  citified,  by  the  authority  ajirefoid,  that  the  commiflioners  of  the  -laid  town  iTull  choofe  and  ap- 
point a  proper  perfbn  to  be  their  clerk,  to  act  as  Inch  daring  good  behaviour,  who  ihall  be  allowed  a  reafonable  fa- 
lary,  and  enter  into  bond  to  the  laid  commiflioners  and  their  iuccefl'ors,  with  two  leairi  ies  in  tile  fun  of  one  hundred 
ar,d  fifty  pounds  lawful  money  of  th'13  (lite,  for  the  one  and  Faithful  execution  of  his  office,  and  the  truft  re'pofed  in 
hun,  for  the  iaie  keeping  cf  the  bocks  and  papers  put  into  his  care,  and  keeping  A  regular  arid  ,;>ir  journal  of  the  prO« 
ceedings  of  the  comsnilher.ers  during  his  continuance  in  the  laid  office  ;  and  the  laid  clerk  is  herefciy  aitthoriled  and  re- 
qntfted  todetr.and  and  receive  fro. n  the  perfon  or  periors  in  whofe  hands  the  fame  may  be,  al!  tHe  books,  journals 
an'd  pipers  belonging  to  the  laid  town,  which  were  in  the  poiTeflion  and  care  c-f  the  former  commillioners,  to  which 
b  lokij  j  ifM'oals  and  papers  all  perlons  Ihall  ha\  e  free  accels-on  paying  one  (hilling*,  under  the  penalty  of  forty  millings 


for  every  retufal 


Ih 
of 

afore  faicl  is  hereby  impf,,*,^  —  ,.,  ~..v>^-  »-  ^.,..— - ..  ,u..,^  .,,  lTOV  ....       ...  «*  «.^,,..^.  *  u,  ii^„- 

hc  taxes  j  and  the,  monies  ariliog.  therefrom,  sfn  r  the  deducting  one  half  per  cent,  fo  r  cotmnhlioi  s,  lha'l  by  him  be 
p  1;  ,  into  the  hands  of  the  town  treaftirer,  to  be  by  the  commiliioners  applied  and  laid  out  in  clearing,  cleaning  and  re- 
pairing the  flreets  and  public  pallages,  paying  officers  for  tranfacttng  the  bulinels  of  tt'e  town,  and  i\i  fbch  otlicr  pub- 
lic work  and  butinefs  as  the  conirndfiontrs  may  deem  necelTary.   . 

VI.   AtiU  be  it  further  ena£iedt..by  the  authority  aforefaid,  that  if  any    commiifiorrer    fha'I  [after    notice  or  fnmirons 
fubtenbea  by  three  of  the  commiiiioners  andconnteriigiied  by  the  clerk,  futeh  notice  or  fnmtnons  to  contain    the  time 
i'nd  place  of  meeting,  and. to  be  ferved  twelve  hours  at  leaft  previous  to  Ittcli  meeting)  fail  to  give  his  attendance,  lie 
rfeit  and  pay  fen  (hjUuigs,   unlels  prevented  by  licknefsor  inch  other  cau-fe  aslhiii  hs  !at,sf.icloi  v    to  a   board  cf 
Fioqers,    «  k.ch  ili.ni  not  confilt  of  leis  than  a  niajotity  ol  the  «  hole  number,  fnch  hue  or  forfeiture  to  be  recover- 
ed by  i  warrant  iro-n  a  Jullice,  and  r.pplied  as  'he  fines  heretofore  memioneG. 

Vfl.  dnd  be  tt further,  enqfl'ed;  by  the  authority  aforrfaid,  that  the  commiliioners  of  the  raid  town  are  hereby  empow- 
sred  and  authorifed  to  employ  tiie  lurveyor  of  the  county  of  Orange,  to  i'urvey  and  lay  out  the  laid  tuw  11,  agreeable 
to  tue  pri^jpa!  plan  tli'.reof,  and  to  mark  the  fame. 

Yih.  /fUdbz  it  further  exacted,  by  the  authority  afirefad,-  that  the  inhabitants  of  the  faid  town,  dull  and  imv  be 
r.t. liberty  after  tiie  palii  tg  of  this  a.'r,  to  rai'e  fwme,  gee)'.-,  or  any  other  It ock,  and  iuft'er  them  to  run  at  large  in  the 
laid  town  ;   any  law  heretofore  to  the  contrary  notwithfland  ng. 

iX.   Ai%i>ht  it    '  l;:ii'7.-'d,  by  ihi  au>):;r'tty  <,f)'-tfa!d.,  that  all  unimproved  lots  within    tiie  tcwir   aforefa^d    (liall 

pay  a  tax  of  lire  (hillings  >  early,,  to  be  collected  at  the  fame  time,  and  as  other  taxes  impofed  by  thi«  act. 


nrti 
fes. 


A.    /r,,J  r '  it  frt  Lr  <-;;..?  d,  by  Jie'authority  nfcrefaid,   that  nil  tad  eveiy  other  act  and  a6i.c,  and  every   claufe  and 
tide  thereof  heretofore  made  wiihin.the  purwew   of  tins  act,  is  and  are  herer.y    repealed   to    all  intents  and  purpo* 


Chap.  XXXV.  An  ie>H  for  the  httter   regujaikn  of  theto^on  of  Halifax,  and   extending  the  liberties  thereof  ;  end/kr 
alteri  I  hying  ar.d  hvying  taxes  in  the  tcvjn  if  Edenton. 

WHERF.A3   it  is  the '.titereft  of  every  Hate  to  regulate  the  police  ofits  towns  and  entourage  tht  ir  trade,   nrd  t!ie 
laws  h.eretoFort  made  for  repula'ti'ng  the  town  of  Halifax  have  proved  defective  and  inconvenient  :  and  where- 
many  years  during  tiie  hire  war  no  coinmiffioners    were  choferc,  and  fome  lots   may  remain  un convey eo  to  the 
proprietors,  and  doubts  m  iy  :r:fg  concerning  the  titles  to  the  fame  : 

1.   Beit  the;  :  by  the  General  Affeynbly  oj tbf  State  f  Ncrth-Carolins,  audit  is  hereby  em  Fled  hv  the  eruilo- 

.  rh'-.  t;,e  books  in  which  the  proceedings  of  the  cotnniillioners  have  been  entered  by  thcmlcl-.  •-;  or 
th  m-  cler;:;  respecting  the  election  of  commiffioner;,  laying  raxes  granting  and  conveying  lots,  draw  ing  Ids  or- 
ders and   feith  1  refpect  to  the  to.vr.  tBOiiie*,  and  all  the  proceedings  agreeable  to  the  acts  heretofore  jfefled 

X  a  . 


m 

lot  the   rrpulatcin  of  the  fa;d  town,  fhall  beard  are  henby  cci.firmed,  and  ftali  be  received  as  evidence  in  anyecurt 
of  law  or  eqn.ty. 

And  whereas  the  election  of  commifiioners  hath  (omeiimes  lapfed,  owing  to  its  not  being  die  duty  of  any  parii-. 
cul.ir  perfen  to  notify  ana  dired  the  fSme  .- 

II.  Bt  it  further  mailed  by  the  authority  afore/aid,  that  five  commitfioners/hall  be  thofen  on  the  firft  Saiuuhy  in  Fe- 
lrua>y  next,  and  the  inerill  of  Halfax  01  his  deputy  is  hereby  required  to  attend  at  the  ccurt-houfe,  or  feme  conven- 
ient place  in  rhe  faid  town  on  the  fame  day.  and  at  the  hour  of  ten  o'clock  in  the  morning,  to  open  the  poll  ami  re- 
ceive the  tickets .in  the  prelcnce  of  two  inspectors  ;  and  when  the  election  (hall  be  finifhed,  Inch  Veiuruing  officer  and 
infpeilors  /hall  in  the  prefenceof  fuch  of  theeleftors  as  choofe  to  attend,  examine  and  number  the -ballots,  ami  the 
perions  having  the  grcateft  number  of  ballots  Ihall  be  declared  duly  elected  ;  and  in  like  manr.er  the  laid  fheritf  or  lis 
deputy,  fh/t  giving  ten  days  notice  by  public  advertilement,  drill  on  the  firft  S.itwdiym  January  in  every  year  aher- 
■wards,  in  the  fame  mumer  open  the  poll,  receive  the  tickets  and  proclaim  the  commilhoners  for  t lie  enfuing  year, 
under  the  penalty  «f  fitly  poundi  for  every  negk d  or  re/ufal,  to  be  recovered  by  adion  of  debt  in  the  court  of  the 
county  of  ha  'fax,  by  any  perfbn  vt  ho  fhall  lue  for  the  fame  in  one  year  after  fuch  negled  or  refulal,  one  half  to  the 
profecutor,  toe  other  to  be  paid  to  the  trealurer  of  the  town  for  theuleof  the  faid  town  ;  and  .he  coniniiilioners  fo 
choi'enfh  ill  before  they  enter  on  the  execution  of  their  office  take  the  following  oath  :  "  I  A  B  foj-toftr,  that  I 
"  -will  faithfully  dif charge  tr.e  office  of  a  comnuj/iomr  for  the  Uu<n  c/iialif  jx,  agreeable  to  Mw  and  to  the  bt)}  r,J  tml  k/j;. 
."  Ie«.?e  ""d  judgement." 

III.  And  belt  further  enafltd  by  the  authority  afore/aid,  that  the  commiffioners  fhall  appoint  one  of  iheir  bodyto  at9: 
as  trealurer  of  the  town  for  that  5  ear,  to  receive  and  account  for  the  t  >wn  monies,  for  which  a  regular  entry  mult  be 
made  in  a  bock  kepi  for  that  purpofe  ;  and  upon  the  appointment  of  a  new  trealurer  the  old  one  fhall  immediately 
pufs  his  account  with  him,  and  pay  any  balance  there  may  be  in  his  hands  :  Provide/!,  that  before  fuch  trealurer  en- 
tej-s  upon  his  office,  he  Hull  give  hi;  bond  with  good  fecuriy  payable  to  the  coinnuflionersfor  the  faithful  diicharga 
of  his  duty. 

IV.  And  he  it  further  £nacled  by  the  authority  afrefaid,  that  the  commiffioners  of  the  faid  t  own  fhall  choofe  and  ap- 
point a  proper  perlon  to  be  their  clerk  of  the  faid  town,  toad  as  fuch  dining  good  behaviour,  who  ihall  be  allowed 
a  rea'cnable  (alary,  and  enter  into  bend  to  the  com.niUkmers  of  die  laid  town  and  their  ■fucceffers,  with  two  fu/Iicient 
ic.cur.uies  in  the  fiiaj  of  two  hundred  pounds  lawful  money  of  this  ftate,  for  the  due  and  faithful  -execution  of  his  office 
and  the  truit  lepofed  in  him,  for  the  Jafe  keeping  of  the  books  and  papers  put  into  his  care,  and  keeping  a  regular  and 
fair  journal  of  the  proceedings  of  the  commifhoners  during  his  continuance  in  the  laid  office.  And  the  faid  clerk  is 
hereby  authonled  and  requefted  to  demand  and  receive  from  the  perlon  or  perfonsin  whole  hands  the  fame  may  be, 
all  the  baoks,  journals  and  papers  belonging  to  the  f.,id  town,  which  were  in  the  pofle/fion  and  care  of  the  former 
commifhoners  ;  to  which  books,  journals,  and  papers  all  perions  /hall  have  free  accefs  on  paying  two  /hillings,  under 
the  penalty  ol  forty  fhiiings  for  every  rcfulai. 

V.  Ana  be  it  further  enc.Fl.d by  the  authority  aforefM,  that  the  commiffioners  of  the  town  fo  chofen  aid  qualified  a- 
greeable  to  the  directions  of  this  a£t,  ball  be  arid  the?  are  hereby  incorporated  inroa  body  politic  and  corporate  by  the 
iiameorthecoiiwfuoiiers  •{Halifax,  and  by  that  name  10  have  annual  fuccelhon  by  the    election  of   the  freeholders 


•-•-any  gut  or  donations  whatsoever  to  the  laid  town  ; 
awJa.lo  by  the  fame  name  to  lue  and  implead,  be  lued  and  impleaded,  nnfwer  and  be  anfwered,  in  all  courts  of  re- 
cord whatfoever,  and  from  ti»s  to  time  and  at  all  times  hereafter  to  make  fuch  rules,  orders,  regulations  and  ordi- 
nances as  tothem  (hail  feem  meet,  for  repairwg  tfee-ftree^  appointing  a  town  coniiable  or  conftableS,  town  watches 
or  patroles,  and  making  proper  allowances  by  lees  or  orherwile  for  fnen  Cervices  and  for  all  fuch  other  neafl.ry  or. 
dmauces,  rules  auu  orders  which  may  tend  tothe  advantage,  improvement  and  good  government  of  the  faid  town, 
and  the  lad  ru  e;,  ordinance,  aud  regulations  ftam  time  to  time  to  alter,  change,  amend  and  difecntinue,  as  to  the 
laid  euminillioi.ersora  majority  of  them  Ihall  appear  neceflary  >  and  aiio  ihall  have  lull  and  ample  powers  10  enforce  a 
compliance  and  oMervance  to  jueh  r.egn.'a:icrs,  by  layii  g  lines  and  penalties  en  thefe  WfrefhaH  refu:e  cr  negled  to  con- 
torn,  to  fucu  rules  and  regulations,  not  exceec'icgiwe  pounds,  and  in  tie  cafes  of  Haves  the  punilhnie.it  of  thirty- 
nine  lallles  ;t,itiaaj  penalty  lobe  recovered,  and  thepu.nilhment  inflided  in  maimer  hereafter  mentioned  ;  ProvU 
uea,    that  Inch  ru.es  and  regulations  are  not  inconfiftent  with  the  conlbtution  and  laws  of  the  lap  j. 

And  whereas  ihs  proper  office  of  the  laid  commiiiioiiers  is  that  of  making  bye  law  s  and  regulations  for  the  govern- 
nunt  of  the  laid  town,  and  it  has  been  found  inconvenient  and  often  impradt' cable  to  call  together  the  faid  commilfio- 
i.ers,  for  the  immediate  purpoico  puuilhing offenders,  Whereby  the  /aid  regulations  are  never  proper!;  carried  into 
clttct :  for  remedy  wbei  eof,  r    •     '• 

VI.  Be  it  enaffed,  by  the  authority  afcrefaid,  that  a  proper  perlon  fhall  be  elected  at  the  time  and  in  the  manner 
herem  direded  tor  the  election  of  commiffioners,   who  Hull  be  called  the  taagifrrate  of  police  for  the  laid  town,  whole 


duty  It  Ihall  be  to  emorce  obedience  to  the  laws  and  puni.h  offenders  •   and  Ihall  be,   and  be  h  hereby  authorized   to  il- 
ue  h.s  warrant,  directed  .o  the  ihenlf,  deputy.  Iherift  or  town  co.dlable,   to  '  fummon  ail   offender   ag..iaft    the   law,, 
5S  and  «'r.linances  made  ana  prov.ded  for  the  re.,vu!ntion  of  the  laid  io.vn,  to  appear  before  him,    and  on  their  con- 


*&V>B,  .WAIM  Ihall  be  hi  the  manner  of  trials  before  Jufticesof  the  Peace,  the  faid  magiftrateis  hereby   required  and 


I75 

author'fed  to  give  judgment  and  award  execution  agreeable  to  the  laws,  rules  f.nd  ordinances  provided  for  the  govern- 
ment of  the  !a,d  town  ;  w  hich  wferrant  or  i  xecu'ton  the  faid  fheritf,  deputy  fherift'  or  conltable  is  hereby  required  to 
execute,  and  on  fuch  trial*  cr  enquiries  is  hereby  aurhoiiled  and  declared  to  poffefsall  the  necellary  powers  to  admini- 
ster oath?,  and  fobpoena  anu  e:.amine  witnefi<  s  nnd  (hill  take  the  following  oath  before  he  enters  on  the  execution  of 
his  office  :  "I  A.  B.  dofdemrdy  /wear,  tlu.ta  a  magi,'; rate  of  police  for  the  town  c/llalsfax,  J  -will  do  equal  right  in  all 
"  cafes  what foevcr  to  the  beji  cfir.y  judgment,  ana  according  to  the  laws,  rules  and  ordinances  madefer  the  gcrd  government 
"  of  the  faid  town  ;  t.l.  fines  and  amercements  that  tr.ay  happen  to  be  trade,  1  -will  aule  t*  he  duly  tetui  ned  te  the  prut  er  of. 
-*'ficer,  a  d  it:  a  I  things  be!  nfmg  to  my  office  dutiig  my  continuance  therein,  1  -will  faithfully,  truly  andjuftlv,  according 
"  to  tbt  bejl  of  mvjktll  ai.djiidgnunt,  do  eijital  and  impartial  juji ice  te  the  public  ai.d  to  individuals." 

And  wherea-  tne  laid  to*  n  has  been  lditl  out  on  a  narrow  Hip  of  land  exteiding  from  Roanoke  river  towa>  ds  Quanhjy 
creek,  f>  that  many  perfons  hve  without  the  limits  of  the  laid  town,  yet  are  to  neceflarfy  connected  therewith,  thac 
thev  ojght  to  be  within  the  rules  and  regulations  made  for  the  government  of  the  laid  tow  n  : 

VII.  Be  it  euailei  therefore  by  the  authority  aforefaid,  that  the  liberties,  privileges,  rules  and  regulations  of  the 
faid  town  fhall  be  enlarged  and  extended  in  manner  and  form  following,  to  wit,  begianing  at  the  north  weft  end  of  Wa- 
ter itreet,  running  thence  th«  courle  of  faid  street  one  quarter  of  a  inile.thei  ce  iou  th  thirty. nine  degrees  weft  a  paral- 
lel line  with  the  plan  of  the  town  till  it  ftrikes  Ottankey-tieek,  thence  down  the  meanders  of  faid  creek  to  the  river, 
thence  up  the  river  to  the  north  eaft  end  of  //Vj/;r-ffreef. 

VIII.  And  be  it further  enacled  by  the  authority  aforefaid,  rhat  the  fommiffioners  of  the  faid  town  fhall  annually  levy 
a  tax  not  exceeding  eight  (hillings  on  every  hundred  pounds  value  of  taxable  property  within  the  faid  town,  and  a  pro- 
portionable-poll  tax  on  allperlons  whodo  not  pofitls  in  the  faid  tovrn  the  value  of  one  hundred  pound;  in  taxable  pro. 
petty  ;  which  tax  fhall  be  collected  by  a  warrant  under  the  hands  and  feals  of  the  commiitiouers,  directed  to  luch 
perlons  as  they  appoint  for  that  purpole  ;  and  the  collector  to  be  appointed  as  aforefaid,  is  hereby  empowered  and  d- 
reeled  to  collect  and  make  diltrefs  for  the  tame  in  Ike  manner  as  collectors  of  public  taxes,  and  the  monies  anting 
there Ircro,  after  deducting  five  per  cent,  for  commifJious,  fhali  by  him  be  paid  into  the  hands  of  the  town  treafurer,  to 
be  by  the  com-miiTioners  applied  and  laid  out  in  dealing,  cleaning  and  repairing  the  fireetsand  public  paiTages,  paj  ing 
officers  for  tmnlacYing  the  bulinefsof  the  town,  and  in  luch  other  public  work  and  bufineis  .as  the  conimiflioners  may 
deem  necclTary. 

And  the  more  effectually  to  afcertainthe  taxable  property  within  the  faid  trwn  : 

IX.  Beit  erailed,  by  the  authority  afortfaid,  that  every  inhabitant  thereof  thall  yearly,  at  the  time  he  fhall  give  in 
his  taxable  property  to  be  afligned  for  the  uleof  the  itate,  •diftingurfh  in  the  lilt  he  fhall  return,  what  part  thereof  is  fi- 
tnafed  withjn  the  laid  town  ;  and  if  any  inhabitant  Iliad  fail  to  to-do,  tie  commrffioners  (hall  and  may  order  the  town 
tax  to  be  levied  for  the  whole  amount  ot  the  taxable  property  of  the  perfon  (o  failing  as  aforefaid,  although  part  there- 
of may  not  be  within  the  laid  town  ;  any  thing  herein  contained  to  the  contrary  notwithltanding.  And  it  is  hereby  de- 
clared, that  every  perfon  inhabiting  or  occupying  ;my  houfe  or  other  building  or  improvement,  or  lot  within  the  faid 
'own,  (hall  be  liable  to  the  payment  of  the  tax  thereof  uiiletis4heJ~aise  (hall  have  been  returned  by  fome  other  inha- 
bitant. 

And  whereas  encroachments  may  be  made  on  the  flreetsof  the  Lid  town  by  erecting  piazzas,  porches,  platforms 
and  other  buildings  thereon,  and  the  inhabitants  and  others  greatly  incommoded,  and  injury  may  arife  by  fire  being 
communicated  aciois  thcJlreets  thereby  :   far  remedy  whereof, 

X.  Be  it  ensiled  by  .n,e. authority  aforefaid,  that  the  commilfioners  of  the  faid  town  are  hereby  empowered  and  re- 
, q  icited  to  order  all  inch  encroachments  from  which  danger  may  be  apprehended,  to  be  removed,  under  fuch  penal- 
ties as  they  (hall  think  necellary  to  impole  ;  and  where  any  encroachment  (hall  be  fcucd  on  any  ftreet  or  fireets 
from  which  no  immediate  danger  is  to  be  apprehended,  the  laid  commilnoners  Hull  impole  a  ground  rent  not  exceed- 
ing fort/  millings,  to  be  annually  paid  (or  each  piazza,  porch,  platform  or  other  encroachments  on  the  ftreet  adjoin. 
iiig  to  or  being  before  any  one  ho  sfe  or  tenement,  to  be  applied  to  the  public  (lock  of  the  faid  town  :  and  if  any  per- 
fon lhad  refute  or  neglect. topay  fuch  ground  rem,  the  fame  (hill  be  levied  by  warrant  under  the  hands  and  lea'sottl.e 
commiffioners,  directed  to  a  conltablc or  other  officer  to  be  by  them  appointed,  on  the  goo  Jsand  chattels  of  the  de- 
linquert.  Provided always,  that  uncovered  piazzas  or  platforms,  and  uncovered  porches,  net  exceeding  eight  fee; 
wide  including  fteps  and  cellar  doors,  (hall  nut  be  liable  to  pay  any  ground  tent  ;  auy  thing  herein  contained  to  the 
contrary  notwithltanding. 

XI.  And  be  it  further  eiuiled  by  the  authority  aforefaid,  that  no  perfon  fhall  be  deemed  qualified  to  aft  as  a  commifli- 
oner  of  the  town  of  Halifax,  tinlefs  he  is  an  inhabitant  of  the  laid  town  or  the  liberties  thereof,  and  haih  alot  or  land 
therein,  with  a  houfe  on  the  fame  of  no  leis  dimension!  than  twenty- four  feet  long  and  tsxteen  feetwide,  with  a  brick 
chimney  to  the  fame.;  and  every  perfon  who  is  a  freeholder  in  the  faid  town  or  the  liberties  thereof,  and  every  free- 
man who  has  relided  therein  lix  months  and  has  paid  public  taxes,  fhall  be  qualified  to  vote  for  the  laid  rcmniiiTor.ers. 

XII.  And  be  it  further  enacled,  that  the  faid  con  mifiioners  are  hereby  fully  authorif«d  and  particularly  required 
and  directed,  to  make  inch  laws  and  regulations  as  they  may  deem  necellarv  to  prevent  hogs  running  at  lame  in  ihe 
faid  town,  flav#>s  from  keeping  boulei  without  a  licence  from  the  con.milhoners,  and  to  pi  event  al!  perfons  from  deal- 
ing with  (lives  not  having  ti  diets  from  their  malters,  iniftrelTes  or  overleers,  aru  to  make  Inchofher  and  furtl  erlaws 
and  regulations  i  efpecting  the  fame  as  tbey  may  think  expedient  :  Provided nevertl.ilefs,  that  the  i-egtflaticns  rcfpecling 
hogs  or  other  frock  (hall  not  be  confidtrcd  to  extend  beyond  the  prefent  limits  of  the  town,  fo  ss  to  au  hori.'e  sry  per- 
4'qu  rending  in  the  liberties  thereof  io  leize,  kill,  or  deiiroy  she  fa-ne,  er  any  hog  or  lugs  found  running  at  large  there* 


1 70 

:„_-,  fi.Tjit=  !  .v-  .!  •  h-  ',,-_•  I,     An  i \provid  'J  alfhi  that  th;    pivjrs  hereby.  comrnitrSd    to   the  faid 
s,  lhi  I  no:  be  qoniU  isd  to  exicad  to  [he  lmpiifoument  of  any  ila^e  as  a  p-.uiih.nent,  or  hi  any  inftance 
i  f  thhty-nine  laihes. 
And  whereas  the  mode  oi;  laying  and  collecting  the  taxes  Li  ihe  town  of  E:.enln,  has  been  found  e-areme'.y    unc- 
qua!  and  inconvenient  : 

XI  I.   &.»>  enacted,  tint  the  mode  of  laying,  lev,  in;-,  coUe£iifig  and  accounting  for  tha  taxes  L\id  by  the    com- 
rtes  of  the  f  ri.l  tow  u  iliali  fromand  after  the  pa  (Twig  of  .  h.13  a  Stj  oc  in  the  fame  manner  as   direct-, 

ed  by  th  s  act  for  the  town  oi  Halifax* 

CHAP.   XXXVI.   .47;   afl  for  tr. Hino  uprifi;  ir.  f£"  cyc.uy  f  ?ra:.k  in. 

I.  II.  III.  a  IV.  fftytfeff. 

V-  A  ND  /<?  .;/.■(-  'v  ■»•  l- ■,•-■:  v.  ..'«•,'  the  .  .■.•(?  •■.'•// )■  afo  v/V  ■',  tljaf  in  c  i(c  any  coivify  within  this  ila'c  fliould  by  an7 
£\  means  be  witho  Jtagaol,  and  tne  bail  of  any  debtor  fh  ill  fu  .'render  the  principal  19  the  cultody  of  the  fluid  it,  or 
wliere  ;he  debtor  fliall  neglect  or  refufe  to  give  bad,  tien  and  jti  cit'ier  o;  ihe.  c.c.'cn  .foref  .id,  it  to  il!  and  may  be 
lawful  for  the  proper  officer,  and  he  is  hereby. authoriftsd  ar>d  recj  1  r.-d  to  cca-.vint  fujeh  debtor  fo  fuirendered,  neg. 
;clu  g  or  reining  to  give  bail  as  .rovefaid,   to  the  pubiic  g  o!  cf  ihe  didri.  1 

1  'er  .-:■:.  ;e!edh\  th.  ■  « tthnntv  a/ort  1'iit,  that  after  the  palling  of  tins  act  it  fliall  not  be  lawfa'  to 
commit  any  criminal  to  the  county  gaol,  but  all  criminals  fhaliin  future  o:  committed  to  the  pubiie  gap! of  the  di- 
ftrjia, 


Cha".  XXXVII.   A-:  aft  to  rekt.fi  the  ell  ite  of  John  Anderfon,  decepfed,  .'.:;.>  rj  G  iiford  con.  ~!y,  from   t'-e  fcrfeit- 
.'-;    recogn  z.-.:cc  entered  into  for  the  appearance  of a  certain  ]o'.v.\  Nl'Sory  hefore   the   Superior.   Co::*!    if  oafiburv 

dljircl.         .  . 

\  A  /  HliREAS  Jam  Anderfm  was  bound  in  a  recognd-ar.ee  in  the  fum  0:  one  hundred  pounds,  for  the  appearance 
•V  of  a  cerWin..Jri^«  IVRory.  before  the  Superior  Court  of  S  iti/ha.'y  didricl,  to  ar.f'.ver  a  certain  charge  then  anil 
there  to  he  exhibited  againft  him  :  and  «  hereas  it  is  fully  and  c:early  made  appear  to  this  General  AlTemoly,  that 
the  fai  1  John  Andrfa  at  the  time  the  laid  Superior  Caurt  fet,  was  lying  tick,  of  which  lickn.e  s  he  died  the  iecond 
day  after  the  rifc.of  .the  laid  court,   and,  thereby  rendered  unao:e  to  produce  the  body  of  the  principal  : 

I.  Be  i  tberefice  <  <•.:./ '.  -/  /')'  the  General  Aflemlly  of 'the  State  if  North-C;  ro'ina,  ur.d  \i  is  herely  enafledhy  the  autf>,o~ 
rili  of  the  I w a--,  that  the  ellate  of  tlie  fuid  Jjhn  /nderfrn  deceafed,  be  releaied  and  fu'iy  difc  targed  from  the  fothi. 
turc  and  judgement  aforelaid,  in  the  fame  manner  as  if  the  laid  recognizance  and  judgement  h.id  nev:r  been  made. 


C:iap.    XL'.     Ar.  .-id  to  .:•;'.  nd  tin  t  J,  e>  titled,    an  aft  for  the  regulating  the  town  of  Salijbury  in  the  county  of  Ro 
an,  sn!  for  the  re'dulatittg  the  to  vri  of  ll'irdf.r  in  Bertie  coumy*. 

W 'HERE AS  it  is  the  intereifof  every  ftateto  regulate  the  police  of  its  towns,  and  encourage   their  trade,  and  the 
laws  heretofore  made  for  regulat  ng  the  faid  town  of  S.Jt/hi/ry  having  prove  i  defective-. 
Be  it  lh.  re/Ire  dueled  !-•:  Me  Gi'fi  re.!  Affi'mblj  'J' the  ^ta-e  -./Worth-Carolina, 

#■•  1        .■  1       .    C    --    " -IT  ^.ll    I :    .f 1..    C.ft     .•  


declared  duly  electee!  ;  ana  in  1  fee  manner  the  laid  i.nernt  or  nts  tjepuj 
tifement,  Hull  on  the  firft  Saturday  in  Februatvin  every  year , 
the  tickets  an  ' 

neglect  or  ref 
nie  for  the  (1 


■  Aw.tftw,,.,      .,,-...    wi,    ^..w    ...   --    ... ...._, J    -•■     ---■;     /,-- - -•      -  .-     --- -      -jr  -      r»  

ihe  tickets  and  proclaim  the  commilfioncr.-  for  the  enfuing  year,  un.ler  the  penalty  of  twenty  hve   pounds  for   evtry 

lifglecTf  or  refulal,  to  be  recovered  by  ndion  of  debt  in  the  court  of  the  county  of  iir.ua.t,  by   any  per.on    who    Avail 

r      .,      r  •     r     1 — c — r..  .i„ i_ii ~f..r..i     «na  u«ic»A  .1.. r.,^, ..,,,.     a0  rt.  u«-  u  a  .  . ^  i,rt  r>^;a  .«  ,u 


iw//i'jner  jor  me  iu:vn  o,  ojiuiiuiy,  ugrzeupie  \v  mm  un..  m  tuc  oeji  oj  my  knowledge, ettid  judgrnc-iin 

II.  And  be  it  furtoer  e'niSied hy  the  authority  ufort/aid,  that  the  comrniffioncrs  fiulj  appoint  one  oi  their  body  to 
aft  as  treafure;-  of  the  sown  for  that  ycar?  to  receive  and' account  for  the  town  monies,  tor  which  a  regular  entry 
muft  be  made  in  a  book  ke,"t  for  that  purpofe  ;  and  upon  th.-  appointrri  :nt  of  a  new  treafurer  the  old  one  ihal!  imme- 
di  itely  pals  his  account  with  h  m,  and  pay  any  balance  there  may  be  in  his  hinds  :  Pruvidul,  _th.it  before  fucii  trea- 
farer  enters  upon  his  office,  he  fhall  gi>  e  his  bo.id_.whh  good  lecurity  pa:  ibie  to  the  commiffunero  for  the  faithful 
difeharge  of  h  s  duty. 

III.  And  tie  it  further  enacted  hy  the  authority  ajfor/faidt  ibat  the  ;:-v;;ii":r:i  of  the  faid  town  ffi  .}]  choofe  and  ap- 
*I  believe    there  is  no  aft  of  Altemldy  fo  entitled — Judge  Ircde'l  «lio  hs^  prclervu  the  title  cf  ever]  pi  iv.ai  afl,  dois  r.«t  leconi   the  u. 

'\C  •!  any  i;l  fo  l.c.iJcJ.     I  have'  exstBiuea  this  mattsr  'e'ry  ca: 


«77 

fcoint  a  proper  perfon  to  Vie  their  cleric  of  the  fud.fo  v:i,  to  act  as  fuch  during  good  behaviour,  who  Cr.iV.  be  allowed 
r.  re  ifonable  fdlary  and  enter  itnto  bond  to  the'  comrr.iihoners  of  the  faid  town  a  id  th-rir  fuco-iTVs.  with  two  faai-  i . 
ent  fecurities  ill  the  fum  o'  one  hundred  pbuntfs  lawful  money  of  this  fta-te,  for  the  due  and  faiillfitl  ex'ei  ution  of  his 
of.iee  and  the  ir'uft  rc.of:.J  in  hi  nj  for  t  e  1  ife  k<  -.  oi.vi  of  the  hooks  and  papers  put  into  his  care,  and  keeping  a  re- 
gu'ai  and  fa  rjbu'rhal  of  the  pr  icee'dih  ;•■;  o;  the  cbmrrjiffi  -men;  duviighis  continuance  in  the  CM  office.  .*.:td  the  faid 
clerk  is  hereby  autriorifed  arid  reqdefled  to  demand  and  receive  from  the  perfon  or  p- rfo  is  in  whole  hand;,  the  lame 
rnaV&ej  all  the  bocks,' 'journaTs'aii J  papers  Ge'on^thj  to  the  fard  town;  to  which  docks,  journals  and.  papers  all 
pei!  ns  ihal!  have  fr  e  accefs  on  paying  two  (hillings,  under  the  penalty  of  one  pound  for  every  refiifali 

IV.  And  be  .  i  Red,  by  the  authority  a/crrfJJ,  that  the  commitTioViers  of  the  town  fo  chofen  and  qualified 

agreeable  to  the  directions' of  th>S  :  ft,  (hah  be  and'triey  are  hereby  incorporated  into  a  body  polite  and  corporate  by 
ilie  r.ame  of  the  ctwiniiffioners  of  o.  <!'d!;iry,  and  by  that  ::me  to  have  annual  futceffiiQri  by  trie  elections  of  the  free- 
ho'ders  and- freemen  as  by  this  a£l  is  directed,  and  a  cc;r,mon  feal  ;  and  that  they  and  their  fuccefibrs  by  rhe  name  ■ 
aforefai  f,.  fhall  be  able  and  c  ipab-e  in  law  to  have,  purco.afe,  receive,  po.Tefs  and  retain  to  '.hem  rmd  their  fjiccenorj 
forever,  in  troft  for  the  fak! 'own,  an',  lands,  rents  and  tenements  of  what  kind,  nature  or  quality  whatfomr,  and 
alio  gran'tj  fell,  deroife,  alien  or  di'no  e  o(  the  fame,  nlfo  to  receive  and  lake  any  gift  or  donation  wiiatfo;rex  to  the 
fa:d  town  ;  and  .-.if>  by  the  fame  name  to  foe  and  iir.p'ead,  be  faed  and  impleaded,  anfwer  and  be  anfwe;  ed,  in  all 
courts  cf  record  whatsoever,  and  from  free  to  time  and  at  all  times  hereafter  to  make  fuch  rules,  ci  der.s,  regulations 
and  ordinances  as  to  them  fhall  ft  em  meet,  ± r»r  repairing  the  ftretls,  appointing  a. tow;:  conit:b!c  or  conftabks,  town 
watches  or  patroies,  and  making  proper  a!!  wances  by  fees  or  otherwife  for  fuch  fer  vices,  ancl  for  all  facn  ofher  ne^ 
CtiTary  ordinances,  rulesa  id  o;  ders  wheh  ciay  ten.  i  ;o  the  advantage,  improvement  and  good  government  of  the 
fai  I  town,  and  the  laid  rules,  ordinances  and  regulations  from  time  to  time  to  alter,  change,  amend  and  difconthuu, 
as  to  ;he  faid  com milho iters  or  a  majority  of  them  fhall  appear  ncceffary  •;  and  alfo  (hall  have  full  and  ample  powers 
to  enforce  acomp  iance  and  observance  to  fuch  regulations,  by  laying  fines  arid  penalties  on  t'nofe  whj  fhall  refufe 
or  neglect  to  conform  to  fuch  rules  and  regulations,  not  exceeding  five  pound?,  and  in  the  cafe  of  (laves  the  punifh. 
ment  of  thirty  nuie  lalhes  ;  the  faid  penary  to  be  reco-.ered,  and  the  punifliment  inflicted  in  manner  hereafter  men- 
tioned. 

And  whereas  the  proper  office  of  the  faid  commiffioners  is  that  of  making  bye-laws  and  regulations  for  the  govern- 
ment of  the  ftid  town,  and  it  has  been  found  inconvenient  and  oiten  impraclic»ble  to  call  together  the  faid  commif- 
fioners.  for  ihe  immediate  uurpqfe  of  punifhing  offenders,  whereby  the  laid.  regaLt.o^.s  arc  never  properly  carried 
into  effect  :  for. remedy, whereof, 

V-  Bs  it  auftidy.by  ihea-,i  -r;!y  ef;rcf,ud:  that  a  proper  perfon,  being  a  J u-ti.ee  of  the  Peace  in  the  faid  town, 
fhall  be  tle.ited  at  the  fame  time,  and  in  the  manner  herein  d recited  for  the  election  of  commdiioners,  who  (hail  be 
called  the  Magistrate  ci  po'ice  fcr  the  faid  town,  whofe  d-aty  it  (hall  h  s  to  enforce  c;..-i;-'i.ee  rjj  ths  lawes  and  punifh 
offandets;  and  fhall  be,  and  is  hereby  aurhoiifed  tq  iff.,  s  his    war.aiil,  dire  (heriffj  depw ,-  fh;r  (Tor  town 

conlta.le,  to  furomoi  all.offenders  ag^iiiJl  the  kw6,  rules  and- ordinances  r>  ■  .:■  .  _:■  \4ed  frw  the  reguiation  of 
the  faid  town,  to  apneas  be  ore  him  ;  a::d  on  their  cccvielion,  w:;i:it  (hah  be  in  the  matter  of  'r;.  is  b  •■  re  Juftices 
of  the  Peact;>  the  faid  rnagi&rate  is  h,«i  eby  required  ;  wi  pu  liorifed  to  gv  e  j . •  ■  .-  m  lat  ,.  aj  award  e:-;  :;uti  >-i  agreeable 
lo  the  laws,  rules  and  crd::;  incen  crovided  for  the  12 1 ■■.•ernmentor  the  i h:.l  to^n  3  v.'!';d>  warrant  cr  execution  the 
l,i  i  flieriff,  de,'Uty-!"ieriircr  conftable  i-  hereby  reqeired  to  e<"cut:,  anion  fuch  trialsor  enquiries  is  heca  y  aittho- 
jifed  and  declared  to  pofiefi  all  the  r.ecefiVy  powers,  to  %dminifte*  oaths  <n>i  fubffacaa.  and  csamt»e  witnefTes,  and 
{hall  ta  e  ibefo'djwir.g  oath  before  he  enters  on  the  execution  rfif.s  c.iic-:  :  '« 1  A^B.-da/bJemniy  fv>ear\  that  as  a 
lice  r.f  *>:c  trjj"  q/'i-jhlbiiry,  I-.tuUl.do    ■  to  the'-beft of- my  julg.mut,   end 

i  "  according  to  theU'.wtf,  rifles  c ■  d udhtanccs  1  uti&faMhp  '  d  armrcemenUs  tint 

"  may  hapi>en    to  bt   made,    I  vriU  cau/e  to  hi  duty  returned  to  thi  :  Ihi.toH-ihhigi.-peMainmg-trmjt-  office  dxr- 

"  iug  my.  fOrttitKi0»i     iiKretn-,  I iJiiiLfaithfully,  truh  .',  do  equal atjd 

;::»l  jujiice  to  the  public  and  to  truth  •dutiU^'  P.i  YiM,ed  always,  that  Wjhere  any  perfon  Ihal!  think  him  or  herfelf 
aggrieved  by  the  judgment  of  the  faid  Magiftrwe  of  poice,  fucii  perfc-n  (hail  have  the  right  of  appealing  from  the 
laic  judgme  nt  to  tlie  court  of  pleas  and  quarter-feffionS  for  ti^  county  of  Ravia  .-. 

Vl.  rfnd  be  it  fw  tber  en  iBed,  by  ths  author  \ty  aforefaid,  that  the  commiffioners  of  the  faid  town  fhall  annually  levy 
a  tax  not  exceeding  fix  (hillings  en  every  hundred  pounds  value  cf  tax  hie  property  within  the-  faid  town,  and  a  pro  • 
ror.ionable  poll  lax  on  all  perfons  who  cio  not  pofiefs  in  the  faid  town  the  value  of  one  hundred  pounds  in  taxable' 
property  ;  which  tax  fhall  be  collected  by  a  warrant  under  the  hands  and  fealsof  the  ccmmiffioners,  directed  to  fuch 
perfons  as  they  appoint  for  that  purpefe  ;  and  the  collector  tobe  appointed  as  aforefaid,  is  hereby  empowered  and 
direfled  to  colleft  and  make  diftrefs  for  the  fame  in  like  manner  as  collectors  of  public  taxes,  and  ihe  monies  arifirig 
therefrom,  after  deducting  five  per  cent,  for  commiihor.s,  fha'l  by  hini  be  paid  into  the  hands  of  the  town  treafurer, 
to  be  by  the  commiffioners  applieJ  and  laid  out  in  clearing,  cle  .ning  and  repairing  the  ftreets  and  public  ppfTages,  pay- 
jng  o:iicers  for  tranfaditing  the  bufinefi  of  the  town,  and  in  fuch  public  work  and  bufinefs  as  the  commiffioners  may 
deem  necefHry. 

And  the  more  effectually  to  afcertain  the  taxable  property  within  the  f.»d  town  : 

YU.    Be  it    enacled  by  the  authority  af ore/aid,     that  every  inhabitant    thereof  fhall  yearly,  at  the  time   lie?, 
•'  Ya  - 


*7« 

(ball  give  in  his  taxable  property  to  be  afligne<l  for  the  ufe  of  the  ftate,  diftinguifli  in  the  lift  he  (hall  return,  what 
part  thereof  is  fituated  within  the  faid  town  ;  and  if  any  inhabitant  (hall  fail  fo  to  do,  the  ccmmdfioners  (hall  and  may 
order  the  town  tax  to  be  levied  for  the  whole  amount  of  tne  taxable  property  of  the  perfon  fo  failing  as  aforelaid, 
although  parr  thereof  may  not  be  within  the  faid  town  ;  any  thing  herein  contained  to  the  contrary  notwithftanding. 
And  it  is  hereby  declared,  that  every  petfon  inhabiting  or  occupying  any  houfe  or  other  building  or  improvement, 
or  lot  within  the  laid  town,  (hall  be  liable  to  the  payment  of  the  tax  thereof  unlefs  the  fame  (hall  have  been  returned 
by  fome  other  inhabitant. 

And  whereas  encroachments  may  be  made  en  the  ftreets  of  the  town  by  erecting  piazzas,  porches,  platforms  and 
other  buildings  thereon,  and  the  inhabitants  and  others  greatly  incommoded,  and  injury  may  arife  by  fire  being  com* 
municated  acrofs  the  ftreets  thereby  :  for  remedy  whereof, 

VIII.  Be  it  enacled  by  the  authority  afore  faid,  that  the  commiffioners  of  the  faid  town  are  hereby  empowered  and 
recjueited  to  order  all  luch  encroachments  from  which  danger  may  be  apprehended,  to  be  removed,  under  (uch  pe- 
nalties as  they  lhall  think  neceflary  to  impefe  ;  and  where  any  encroachment  (hall  be  found  on  any  ftreet  or  ftreets 
from  which  no  immediate  danger  is  to  be  apprehended,  the  faid  commiffioners  fliall  impofe  a  ground  rent  not  exceed, 
ing  forty  (hillings,  to  be  paid  annually  for  each  piatza,  porch,  platform  or  other  encroachments  on  the  ftreet  ad- 
joining to  or  being  before  any  one  houfe  or  tenement,  to  be  applied  to  the  public  ftockof  the  laid  town  j  and  if  any 
jperfon  (hall  refuie  or  neglect  to  pay  luch  ground  rent,  the  fame  (hall  be  levied  by  warrant  under  the  hands  and  feals 
of  the  commiffioners,  directed  to  a  con  11  able  or  other  officer  ro  be  by  them  appointed,  on  the  goods  and  chattels  of 
the  delinquent.  Provided  always,  that  uncovered  piazzas  or  platforms,  and  uncovered  porches,  not  exceeding  fe- 
ven  feet  wide  including  fteps  and  cellar-doors,  lhall  not  be  liable  :o  pay  ground  rent ;  any  thing  herein  contained  to 
the  contrary  notwithftanding. 

IX.  And  be  it  further  enjejed by  the  authority  aforefaid,  that  no  perfon  fliall  be  deemed  qualified  to  aft  as  3  commiffi. 
Oner  of  rhetown  of  Salifiury ,  unlefs  he  is  an  inhabitant ot  the  faid  town  or  the  liberties  thereof,  and  hath  a  lot  of 
land  tnerein  ;  and  every  perfon  who  is  a  freeholder  in  the  laid  town  or  the  liberties  thereof,  and  every  freeman  wh» 
hasrefided  therein  fix  months  and  has  paid  public  taxes,  (hall  be  qualified  to  vote  for  the  faid  commiffioners. 

X.  Ar.d  be  it furtl:c  enacled,  that  the  faid  commiffioners  are  hereby  fully  autbonC-d  and  particularly  required  and 
'directed,  tu  make  <uch  laws  and  regulations  as  they  may  dtem  necefiary  to  prevent  hogs  running  at  large  in  the  laid 
town,  (laves  from  keeping  houfes  without  a  licenfe  from  the  commiffioners,  and  to  prevent  all  perfons  from  dealing 
'with  flaves  not  having  tickets  trom  their  makers,  miilrelfes  or  overfeers,  and  to  make  fuch  other  and  further  laws 
and  regulations  refpefting  the  fame  as  they  may  think  expedient  :  Provided  Heverthtkfs;  that  the  regulations  refpe£t- 
ing  hogs  or  other  ftock  lhu!l  not  be  conlidered  to  extend  beyond  the  prefent  checkers  of  the  town,  fo  as  to  authorife 
anv  perfon  refiding  in  the  liberties  thereof  to  leize,  kill,  or  deitr»y  the  fame,  or  any  hog  or  hogs  found  running  at 
large  therein,  fubieft  to  be  feized,  forfeited  or  deftroyed.  Provided  neveribe'.efs,  that  nothing  in  this  aft  lhall  be 
cbnftrued  to  give  the  commiffioners  of  the  faid  town,  power  to  authorife  by  any  bye-law  whatever,  any  perfon  or 
perfons  to  kill  or  deftroy  the  hogs  belonging  to  any  perfon  living  without  the  checkers  of  the  (aid  town  ;  but  fuch 
Iiog  or  hogs  when  found  running  at  large  within  the  checkers  of  the  faid  town,  may  be  impounded  by  the  town 
conftable  or  fuch  perfon  a*  the  commiffioners  lhall  appoint  for  that  purpofe;  and  a  file  not  exceeding  fix  pence  for 
each  hog  impounded  on  the  owner,  with  the  cods  or  charges  which  (hall  be  alcertained  by  the  commiflioners  in  the 
regulatiens  of  the  town.  And  Provided  alfo,  that  the  powers  hereby  committed  to  the  laid  commiilioners,  (hall 
not  be  conftrued  to  extend  to  the  imprilbnnient  of  any  Have  as  a  puniihment,  »r  in  any  inftance  to  exceed  the  punilh. 
roent  of  thirty  nine  lathes. 

XL  And  be  it  therefore  snacled  by  the  authfrky  aforefaid,  that  from  and  after  the  paffing  of  this  aft,  fo  much  of  the 
before  recited  aft  as  comes  within  the  purview  and  meaning  of  this  aft,  is  hereby  declared  to  be  henceforth  nuil  and 
void  to  all  intents  and  purpofes  \rhatioever. 

XII.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  the  foregoing  act  (hall  alfo  govern  and  regulate  the 
town  of  IVbidf-jr  in  the  county  of  Btrlie,  in  the  fame  manner  as  it  does  the  town  of  Sislijbury  ;  and  all  matiers  and 
things  directed  to  be  done  by  the  officers  of  Salijbufy,  and  all  matters  and  thir.gs  directed  to  be  done  by  the  officers  of 
Mffwmn  county  with  relpeft  to  the  town  of  Salifbnry,  lhall  be  done  by  the  offerers  Of  Bertie  county  with  relpeft  to  the 
town  of  IVitd/or  al(b. 

XIII.  And  be  it  further  eru,ft  d,  that  all  aft  crafts  heretofore  made  for  the  regulations  of  the  town  of  Windfor,  fo 
far  as  the  fame  nicy  comewiimn  the  purview  and  meaning  of  this  aft,  ihall  be  repealed  to  all  intents  and  purpoles  what- 
ever. 

C«ap.  XUI.  An  at!  to  alter  and  awe  r.d  an  ocl  faffed  at  Hilliborough  in  May  178?,  entitled,  "an  aft  for  repairing 
the  com  t-houfc  and  pi  ifon  in  rhe  cou  a  oi  Salifbury,  for  ibe  d'llnft  ot  Sidilhiri  ;"  ulfo  one  ot'yr  act  faffed  at  \'ew- 
bcrn  in  November,  1784,  tutuled,  "  an  aft  tor  levying  a  tax  111  the  c  juh  ics  in  Hhlfborough  and  Salt/bury  <!illnfts, 
for  the  repairing  ihediltnft  buidings  in  the  towns  ot  Hilifh  rough  and  Sali/bwy,  and  directing  the  metiiod  of  cal- 
ling  to  ajcouut  a!l  coniniiffioners  ot  public  build  i.gs  ht  reto  ore  or  hereaft  r  to  up  arpoi  ted  ;"  a'f.  10  alter  aid  <*• 
ni-nd  the  hverj  laws  n'rjj  in  force  for  ertctirtg  and  Kepai'  ing  the  public  build  ngs  in  the  diilri.ff  f  !  Itib  <rou  >h.  p.    1^4. 

\A/  **"™^A  •  th    afbrement  oned  a    s  ha>  -  no  h  d  uic  d^iftrcd  elfect|  and  tome  oi  the  commillioners  ot  tne  build* 

_  V  V     ino;s  tor  the  diiU  lft  oi  Salifbury  have  declined  to  uft  i 


l79 

\.  Be  it  therefore  ena&ed  by  tie  General Affembly  of  the  Sta/fj/North-Carolina,  and  it  is  hereby  excMed,  by  the  autbu. 
tr'ttyofthefame,  that  Maxwell  Chamber  s,  Anthory  Newman,  Spruce  M' 'Cay  and  Jihn  Steel,  Klqtures,  be,  and  they  are 
hereby  appointed  commiffioners  f.r  building  a  court  houle,  gtol,  pillory  and  flocks  in  the  town  of  Salijbury,  for  the 
diftridr.  ot  Salijbury,  who  fhall  enter  inta  bond  to  the  chairman  ol  Rowan  counry  court  in  the  liini  of  two  thoiifand 
pounds,  conditioned  that  thty  (hall  faithfully  apply  and  account  for  all  monies  by  them  received  for  the  purpofes  a- 
Icrefaid  ;  and  the  preient  and  former  (herrits  and  collectors,  county  and  diftri^t  treafurers  of  the  feveral  counties  of 
Rowan,  Montgomery,  Richmond,  An/on,  Mecklenburg,  Surry,  Guilfatd,  as  it  flood  undivided,  and  all  others  who 
have  received  or  collected  or  hereafter  may  receive  or  collect  any  fum  or  lums  of  money,  are  hereby  directed  and  re- 
quired  to  pay  the  fame  into  the  hands  of  the  commiffioners  hereby  appointed  for  the  purposes  aforelaid  :  and  in  cafe 
any  of  the  faid  preient  or  former  treafurers,  iheriffs  or  collectors,  fliall  make  default  in  payment  of  the  monies  as  a. 
aforelaid,  the  laid  commifiioners  or  a  majority  of  them  are  hereby  empowered  to  cite  the  delinquent  fheriff,  fherins, 
treasurers  or  collectors  to  appear  at  any  county  court  within  the  diftrict,  and  then  and  there  to  enter  up  judgment  a- 
•gainft  t'nch  delinquent  iheriffor  fheriffs,  treafurers  or  collectors  for  the  amount  of  the  tax  which  he  or  they  ought  to 
liave  collected  forthe  pnrpofesaforehid,  in  the  fame  manner,  and  under  the  fame  regul  tions  and  reftrictions  as  the 
public  trealurer  in  this  itate  is  authorijed  and  directed  to  enter  up  judgment  againft  all  delinquent  fheriffs,  treafurers 
or  collectors,  failing  to  account  for,  and  pay  the  public  taxes  t,  and  the  faid  court  is  to  award  execution  againft  the 
goods  and  chattels    lands  and  tenements  of  luch  Iheriffs,  treafurers  or  collectors,  or  their  fecurities. 

II.  And  be  it  further  enacledby  the  authority  afore/hid,  that  the  faid  commiffioners,  or  a  majority  of  them,  are  here- 
fcy  authorifed  and  empowered  to  fell  and  dilpofe  of  the  old  gaol  in  the  town  of  SattfbuTy  for'  as  much  es  it  will  fetch 
at  public  fale,  giving  a  credit  of  twelve  months  ;  or  if  they  think  it  molt  expedient  may  convert  the  materials  of  ths 
old  gaol  towards  the  building  the  new  one  by  this  a£V  directed  to  be  built  :  Piovided,  that  in  cale  the  «!d  gaol  is  fo!d» 
poffeffion  of  the  lame  fiiall  not  be  given  to  the  purchafer  until  twelve  months  after  the  fale  of  the  fame  ;  but  fhall  du- 
ring that  time  be  continued  as  the  public  gaol  of  the  diftrict  as  ufual  :  And  provided  alfo,  that  nothing  herein  contain- 
ed fliall  be  conftf  ued  to  autborife  the  faid  commiUioners  to  fell  or  difpofe  of  the  iron  belonging  to  the  doors  or  win- 
dows of  the  faid  gj«l,  bet  that  the  lame  (hall  be  kept  to  be  by  them  applied  to  the  pui  poles  ot  building  the  new  one 
by  this  ait  dire&ed.  Whereas  it  is  fuggefted  that  feveral  fherifts,  treafurers  or  collettors  of  laid  diftndt  who  are  now 
deceafed,  did  collect  and  receive  monies  from  the  aforementioned  purpofes,  and  never  accounted  for  the  fame  : 

III.  Be  ii  therefore  enabled  by  the  euthority  aforefaid,  that  where  it  appears  that  any  monies  have  been  collected! 
for  the  ahove  purpolcs  by  deceafed  iheriffs,  treafurers  or  collectors,  the  faid  commifiioners  are  hereby  diredted  to 
call  to  accouat  the  heirs,  executors  or  adrniniftrators  of  Inch  deceafed  fheriffs,  treafurers  or  collectors  for  all  fuch 
fums  of  money  ac  appears  to  be  anaccounted  for,  in  the  lame  manner,  and  under  the  fame  reftrictions  as  they  are  di- 
rected to  call  deiirquent  fheriffs,  treafnrers  or  collectors  who  are  living.  Provided  always,  that  where  it  fliall  ap- 
pear that  any  fheritf,  tre?.furer  or  collector,  who  hath  collected  ai,d  received  any  monies  for  the  belore  mentioned 
purpofes,  (hall  have  died  fccforp  accounting  for  the  fame  ill  fuch  manner  as  by  law  they  are  directed  to  do,  the  a- 
forefaid  Comfniflianers  are  hereby  authorifed  to  inftitutc  ftiits  againft  the  heirs,  executors  or  admimftrators  of  fuch 
deceafed  for  the  monies  collected  and  unaccounted  for  bv  the  deceafed,  and  thereon  recover  judgment  hi  the  lame 
manner  as  they  are  by  this  act  directed  to  recover  againft  delinquent  iheriffs,  treafurers  or  collettors  who  are  now  liv- 
ing. 

IV.  And  be  it  further  enabled,  by  the  authority  nforefaid,  that  John  Taylor,  Jejfe  Benton  and  William  Walters,  be, 
and  they  are  hereby  appointed  commiffioners  for  the  repairing  the  court  houfe  and  gaol  for  the  diftrict  cf  Hillfvorough,, 
-and  that  they  hive  and  pufi'efs  all  and  lingular  the  powers  and  authorities  now  vefted  in  them,  wr.o  by  an  act:,  enti- 
tled, an  a&  have  been  heretofore  appointed  comn  iflioners  lor  making  lucli 
repairs. 

Chap.  XLI V.  An  atl  to  eflablifl?  c  town  pi  the  eafl  fide  of  the  north-  eafl  of  Cape-Fear  river,  in  Duplin  county,  *id  fctt 
adding  Alexander  Martin,  Enquire,  to  the  board  -if  commiffioners  for  the  town  of  Martinville,  in  Guilford  county. 

W'HEKEAS  a  town  has  been  laid  off  on  the  lands  ot  doctor  William  Houj 'ton,  and  a  conlider able  number  of  lots 
fold  by  the  proprietor,  and  the  ptirehafers  of  thcie  lots  are  defirous  that  the  town  lhculd  be  eftabliihed  by  le- 
giflative  authority  : 

I.  Be  it  therefore  entitled  by  the  General  Aff-mbly  rfthe  Stale  cf  North- Carolina,  and  it  is  hereby  en.iBedby  the  authg* 
ritvofthe/ume,  ihat  one  hjndred  acres  of  land,  lying  on  the  eaft fide  of  the  north-eaft  branch  of  Cape-Fear  river,  ia 
77 up/in  county,  lardy  fold  by  doctor  William  tioufion  lor  laying  off  a  town  and  town  commons,  agreeable  to  a  plan 
liid  down  by  ccrnmiihouerscholen  for  that  purpofe,  be  and  the  fame  is  hereby  eftablifhed  into  a  town  by  the  name  of 
"Bare  lo. 

a.  And  be  it  further  entelcd  bvtbe  auih'.ri'.v  aforefaid,  that  from  and  after  the  palling  of  this  act,  Charles  Ward, 
John  Hill,  Jam  s  OtiilML',  Samuel  ffouftm,  Dtini  >rdugh,  George  Miller,  and  John  i\tuichell,  be,  and.  rhey  and 
every  of  them  hereby  confirmed  cci  m  Miotics  lor  u,t  lurther  (iefign.iy,  building  and  improving  the  fad  town; 
and  they  fhall  itaud  fefzed  of  an  in  lefeafib  e  eftate  in  fee  iinijle  ot  and  in  the  relidue  of  il.e  laid  one  hundred  acres  of 
land  that  remain  undifpofed  of,  ro  and  tor  ths  pen  poles  tertb,  cxpr.ffed  and  declared,  except  tudi  lets  as  the  pro- 
piictor  hath  ii  iade  rh,HCt  ■  of,  w  hi  ti  is  li-°rtb  i  en  rved  to  h  s  pro;  ir  ute  and  behoof,  and  Ins  heirs  ;aid  aliens  U  re- 
vet-; .and  the  £t<a -co.nuAliioaas  or  a  majtMuy  01  them,  hull  wiake^jid  execute  ueedj  iu  iuwt  reflective  pecfau^  at 


have  and  (ball  become  purchafers  of  any  lot  or  lots  to  the  ("aid  town  that  hath  of  tuv  he  fold  by  the  proprietor  afore^a  J, 
at  the  cpjji  and  charges  of  the  grantee  or  grantees,  which  lot  or  lots  <oj  virtue  of  inch  conveyance,  .lhall  be  heid  10 
1ul-!i  purcluler  or  p.urthifers  incite  fimple  toiiis,  htr  or. their  heirs  and  alliens  forever. 

III.  And  be  it  further  enaiieJ,  by  the  authority  dforefaid,  that  all  monies  '.hat  (hall  arife  horn  the  difpefiul;  of  the 
lots  of  the  laid  tpw,n  by  tae  coinmitfioneri.,  fna'l  be  n  ctivet!  by  them,  or  their  lucceflhrs,  .  and  after  deducing  their 
reafonable  charges  and  eupences,  the  lame  fliall  be  paid  by  them  to  the  faid  proprietory  his  heirs,  executors,.  adiii-ii.i« 
itratcrs  oraffigns.     And  tor  the  continuing  the  fuccehion  of  the  fa'd  coir.miihoncrs  r. 

IV.  Be  it  farther  enacled,  by  the  authority  afoAtfiiid,  that  in  cale  of  decth,  refulal  to  act  or  removal  out 
<•>!  the  con  icy  of  atvy  of  the  laid  commiifioners,  the  furvivor  or  3  majority  of  them  (hall  aflet-oble,.  and  hereby  are  au. 
Ihorifed  to  nominate  and  appoint,  by  inftrument  in  writing  uncer  their  ha  rids,  fome  other  perfon  being  an  -iohabi- 
taut  and  freeholder  in  the  faiJ  county,  in  room  of  him  dead,  refuting,  to  ath  or  removed  out  of  the  county,  which  laid 
eomrniflioner  cr  comuiilfionerslo  appo  nted  i!u!l  hive  and  gxerci.le  ah  tlii  fan.e  powers  and  authorities  in  nil  matters 
herein  contained,  as  the  perfon  or  perfons  in  whole  room  and  ftead  he  or  they  was  1c  appointed,  had  aad  exerciled. 
Pi  ovided  always,  that  nothing  iu  this  act  contained  lhail  be  c  nlirucd  la  as,  to  obviate  any  regulation,  compact  or  a- 
greement  entered  inte  by  the  commiffieners  lately  chofen  for  regnla'ir.-g  the  iaid  town,  all  which  regulations,  r.e . 
Jtriclion    and  agreements  are  hereby  declared  good  and  valid  in  law:. 

V.  And  be  it  further  cnaclsd  t 'y  tb:  authority  ujlrefaid,  that  Alexander  Martin,  Enquire,  be  added  to  the  board  of 
commiilioners  for  the 'town  of.  Mm  timtlle.,  in  tt.e  county  of  Guilford,  and  be  invel'tcd  with  the  iaine  puwers  and  au- 
thorities refpecting  the  faid  toi/u,  which  each  ci  faid  cptaipjujqness  hold,  enjoy  and  poileis. 

Ch.-'.p.  XLV.  An  to  eftallijh  a  jub!-c  infpeclhn  of  iobacco  in  the  foWiC^alifbury  in  the  county  q/"Rowan. 
?HEREAS  the  eitablilhing  a  public  infpectiou,  of  tobacco  in  the  town    of.  Salifl'ury,   will  encourage    commerce, 

~._    !.~.1../1.....  ..^.1    1*a    -wl  .....i... .hi. ci    l>n    f-l-.o    mli-Lvn    nUnfarC    'iii>l    cirrus*..!   1 1\    I  It  a  rnnnMr   rtfcrefjld    -t 

hereby  tnafted,  by 
;red  and  directed   t 

fpectfbti  and  lafe  keeping  of  tobacco  in  the  laid  town  ;,  and  the  fame .  when    fo  built  and.  erected,  (hall  and  is  hereby 
declared  to  be  a  public  ware  houfe  for  the  reccpticaof  tobacco. , 

II.  And  be  it  enact  d,  bv  the  authority  afore/aid,  that  the  faid  court  Grail  annually  appoint  two  difcraet  and  careful 
Tnen,  w  fl!  quiliiied  and  acquainted  with  the  nature  and . qualities  of  tobacco,  to  be  inlpactors  thericl  ;  who  Hull  take 
the  fame  oath,  be  fubject  to'the  fame  rules,  regulations  and  reftr.kt'onc  to  which  inlpectors  of  tobacco  ate  iubjecl  by 
iitfacl'of  the  General  Aflembly  paffed  at  ffitlfax,  in  the  year  one  thoulaud  (even  hundred  and  feventy-feven,  enti- 
tied,   ''  on  a  7  to  amen  I  the  fable  of  tobacco  and  prevent  Jrjifr  ■:>   which  laid  law  fo  far  as  is  not  provided  for  by  this 


jng 

iiur 


4ltr .  ,    1UJU  «1.  way  a  -Jc  i  t  Uji  LL    iu  n.'iii;[.'i.v.i:.H    d  i    i  lit:  j>i^i-^-    »  uttc    ills;    .dna    tiuiv   t,^.  aillJUC^io    . 

IV.  Ariihe/it  fiother  enattid,  by  the  authority  afirefaid,  that  the  kifpecfors  cr  cither  o\  ihem,  wheti  To  appointed 
"by  the  court  and  qualified  as  by  this  air  directed,  is  hereby  inverted  with  full  power  and  authority  to  infpect  any  to. 
"bacco  that  iri^y  he  hi  ought  to  the  i  r.d  ware-houle,  and  en  parting  the  lame  grant  a  certificate  or  r.ote  thereof  to  the 
owner  or  owners  as  the  c^i'e  may  be. 

Chap.  XLVI.  An  ail  to  coitfirni  unto  Richard  Dobhs  Spaight  an  indejeclbhl'ule  to  certain-lands  therein  mentioned  in 

Bladen  county. 

WHEREAS  Richard  Dobhs  Spaight,  Efquire,  of  Craven  county,  hath  reprefentcd  to  this  prsfent  General    Affeni. 
hly,  that  Samuel  S  :v  .inn,  Efquire,  dece.iled,  obtained  a  giant  from  the  late  lord  .  proprietors  of  Gcolina,   bear- 


hence  dewn  along  his  line  north  uxty  ealt  to  an  alh,   nis  liifpoleu  corner  tree,  thence  up  the  meanders  of  the  river  to 

he  fiift  flaiion.     And  where  as  the  laid  Samitel  Swattn  afterwards  fold  the   faid  lands   atneng  other   things,    to  Job 

{owe,  Elqiire,  deceafed,  by  deetl  poll  hearing  date  on  orabout  the  year  one  thouland  (even  hundred  and"  thirty  fix, 

nd  the  faid  yob  Hovie,  in  and  bj>' his  lalt  will  avid  teftaintnt,  deviled  the  lands   herein   before   defcribnl    to  his  two 

ions,  Thomas  Clif/c-d  Hove  and  jfribi  r  Howe,   their  heu-s  and  affigns  forever  equally  to  be  divided  between  them  :  and 

"Whereas  I  he  C.vd  7  hornet  t  lift  rd  Home  and  Arthur  Howe,  did  by  mutual  conletit  and  agreement  make  partition  of    the 

■ffcid  luK'i  Lstwcen  them,  aud  eauior  them  pofleffed  his  reii-echve  Uiare.  of  the  laid  fandi  after  the  divilioo  of  faid 


i  8i 

Tabu's,  in  feveraltr,  agreeable  t3  the  laft  will  of  their  fa  hi  f;;her  ;  and  whcrei*  the  deed  poTl  before  mentioned,  exe. 
filled  by  the  laid  Saw.?!  S jaunt  to  the  fa;d  Job  Howe,  having  been  loit  or  ni./l  .id,  he  the  faid  Samuel  Swnnn,  by  in- 
denture tripartite,  beaivn  r  d  ite  the  fotirtef  nth  da;  of  September,  one  tliouiaud  Seven  hundred  and  fixty  feven,  made 
be: ween  him  the  faid  Sa>w<el  Sw.inn  of  thefirli:  part,  tbe  laid  Thomas  Howe  ef  the  fccond  part,  an  I  the  faid  Arthur 
Howe  of  the  third  part  (therein  reciting  mowrfuliy  all  the  facts  and  drctinftancss  herein  before  iet  foi th)  did  remife, 
releafeand  forever  q-i't  claim  unto  the  laid  'Hem  is  How,  then  in  his  act;nl  poffelTio  i  and  fcizirt,  and  to  his  heirs 
and  aiiigis  forever,  among  other  thing?,  three  hundred  and  twenty  acrcsof  land,  being  one  moiety  or  half  part  of  the 
lands  herein  before  mi-mioned  and  dstcribed  (heingihe  lowed  half  pan)  as  rise  fame  was  l.-H  off  aud  divided  agreeable 
to  the  plan  thereof  annexed  to  the  faid  indenture  :  and  whereas  ,t b.e  f-aid  Thomas  Clifford  Howe,  by  indenture  bearing 
date  on  or  abww  the  year  one  thousand  ftven  hundred  and  fifty-eight,  or  one  tiioufand  feven  hundred  and  fifty  nine, 
bargained,  lold  and  conveyed  to  Hicbard Spa'ight,  Elquire,  deceafed,  (fathsr  of  the  faiditit.' '.ard Dobbs  Spuigkt)  who  ■ 
died  inteftate,  the  fame  three  hundred  and  twenty  acres  of  land,  -with  the  appurter.a rices  to  held  to  h  m  the  faid  Rich- 
ard  Spa-ght,  his  heirs  and  affigns  forever  :.  beginning  at  a  wide  oak,  Harnett's  upper  back  corner  tree,  running  thence 
iiorta  fixty  weft  one  hundred  and  fifty  five  poles,  then  north  imy  ead  three  hundred  and  fcrry-eighr  poles  to  the  ri- 
ver, therce  down  the  meanders  of  the  river  to  an  alh,  Harnett's  upprr  corner  tree  on  the  north- weft  river,  thence 
foath  fixty  weft,  three  hundred  and  forty  eight  poles  to  the  beginning;  which  faid  laft  mentioned  premiles 
with  the  appurtenances  were  actually  in  the  poileifion  and  fsizin  of  the  laid  Richard  Spa'rght  in  Iris  lifetime,  and  hath 
co'.h'k  u?d  to  this  tims  in  the  poileiTion  of  the  laid  Richard  Dobis  Speight,  and  during  part  of  bis  minoritv  hath  by  his 
guardian  bsen  rented  out -as  his  property,  and  in  the  neighbourhood  thereof  is  univerfa'.ly  acknowledged  to  be  part  of 
his  eftate  :  and  whereas  by  the  long  minority  of  the  laid  Richard  Dobbs  Speight,  the  death  of  one  of  his  guardians,  at  d 
the  removal  from  this  count  ft  of  the  other,  and  the  calamities  and  confufion  of  the  late  war  or  by  feme  other  caile, 
the  conveyance  of  the  faid  T.omas  Clifford  Hone  to  the  faid  Ri  hard  Spargl.t  1  ath  been  left  ibr.rniflaid,  and  the  records 
of  BL:d?n  county  having  feme]  ears  iince  the  conveys;  ce  of  the  laid  land  been  confnmcd  by  fire,  the  faid  Richard*? 
Dob.'s  Spaighl  is  left  without  any  legal  title  to  the  faul  lands  purchaled  by  hi,  father  as  aforeiaid,  and  hath  little  more 
to  defend  his  property  than  a  precarious -tide  grounded  on  pofleliion-atid  fupported  by  vtrbal  teltimony,  of  which  in 
thecoiarle  of  human  events  he  muft  foon  be  deprived  :  for  remedy  whereof,  the  feveral  facts  being  made  known  to 
the  (atiifaction  of  the  legiflature.  >. 

I.  Be  it  therefore  enacled,  by  the  General  Affimlly  Ji  the  S'ctte  of-  North-Carolina,  and  it  is  hereby   enacled,  by 
the,  authority  of  the  fa>m,  that  the  faid  iraft  or  parcel  of  three  hundred  and  twenty    acres  of  land  herein  lift  mentioned 
and  defcribed,  as  tne  fame   was  divided  an  J  laid  i ft  t>y  a    divifion   made    between  the  laid   Thomas  Clifford  I  owe  and 
/-Irthw  Howe,  and  agreeable  to  the  part  or  inrvey  thereof  annexed-  to  the-  before   recited    indenture,   made  between 
the  fa  d  Samuel  Swaft*.  of  the-firft  part,  the  laid  Thitias  Clifford  How;  of  the  fecond  part,  and  the  faid  Arthur  Howe  of 
til  a  third  part,  with  the  appurtenances,  be  and  the  lame    and    every  part  and  parcel  thereof,  is  hereby  confirmed  to 
the  faid  Richard  Dobbs  Spaighl  bis  heirs  and  atligns,  in  is  full  and  amp'e  manner   as  he  and  they  can  have,  hold  and 
enjoy,  the  fnne  ;  faying  and  referving  nevertheiefs  to  all  and  every  per f on  and  perfons  other  than  tiie  heirs  of  the  faid    t 
Thomas   Clifford  Howe,  all  the  right,  title  and  intereft,  w.iici  May    or  any  of  thjm   tnight  have  had  of,  in  and  to  iha  - 
fame,  in  the  fame  manner.as  if  toiwet  had  nev-sr,  been  made,  any    thing  herein    contained  to  the  contrary  not  with.  ■ 
ing. 


Chap.  XL VI I.   Aa  c.tl  to  keep  open  Gape. Fear,  Wfrarie,  Rcckey  river  of  Pee-Dee,  the   Cata'  ba,  Deep  river,   the 
Yadkm  river,  .Dan,  Haw  river  and  Hockey  rwer,  ffr  the  peffage  of  Iff  up  the  ft  me.' 

WHEREAS  it. is  reprefen-ed  to  this  General  Aflernbly,  that  the  free  pafliige  of  fi(h  up  L  eft  Far,  Wh'arU.  Fock- 
ey  river  of  Pee  -Dte,  the  Calavba,.Jji<p  river,  the  YadtJn  liver,  Dan,  -Hcrw    river  ami  hockey   river,    is  pre- 
vented by  the  erecting  oi  dams  and  other  ftoppages  acrofs  the  fa:d  rivers  :  for  remedy  whereof, 

I.  Beit  er.afledby  the  General  Affembly  cf  the  State  of  Nerth-Carolina,-  anditis  hereby  enacled  bv  the  aithtrity  of  the 
Jiitn't  that  every  perfon  cr  perfons  who  have  ere&ed  or  built  any  ware,  dam  or  ftoppage    acrofs  the  ri'  ers   aferefaid 

fhall  deftroy  and  remove  lb  much  thereof  within  one  month  after  paffing  this  act,  as  to  leave  one  fourth  part  of  the 
rivers  in  thedr  epeft  part  thereof,  cpe?  forthe  palTage  of  fifth,  and  on  failure  or  neglect  fhali  pay  five  pounds  for  every 
twenty-four  hours  luch  dam  or  ware,  or  other  invention  lhall  ftand  the  term  aforei'aid. 

II.  Ani.be  it  further  enacled  by  the  authority  afore/aid^  that  from  and  after  the  palling  of  this  act,  to  fianda,  dams 
wares  cr  other  ftoppages  fliali  be  erected  lo  as  to  take  up  more  than  three  fourthsof  the  rivers  witnin  mentioned,  leav- 
ing one  fourth  open,  and  any  perfon  erecting  wares,  dams  or  other  inventions  contrary  to  the  intent  and  meaning 
of  this  act,  fhall  forfeit  and  pay  one  hundred  pounds. 

HI.  And be  it  further  em-Red^  by  the  authority  ajorefaid,  that  all  penalties  mentioned  in  this  act,  fliali  be  recovered 
againft  any  perfon  or  perfons  who  may  incur  them  in  any  court  of   record  by  any  perfon  who  will  foe  for  the  lame, 
rne  half  to  be  applied  to  his  or  their  own  ufe,  and  the  other  half  for  the  ufe  of  the  county  where  the  plaintiff  refides  ; 
Provided,  that  nothing  herein  contained  fliali  extend  to  pulling  down  or  deftroying  any  water  grift-mii)  which  may  bc. 
onthe.fa.aoe  rivers.;  any  thing  herein  ccjtr.ainrd  to  the  contrary  uotwithftanding. 

Zi  . 


I&2 

CirtT>.  XLVI  I.  jfiMtn  mwcfp&te  "Cbeftr,  firmertv  n  fi-rvant  »/ Samuel  Veargan,  dtceafed. 

WHE1EA.)  by  tiie  :a.t  will  and  tteftiuueiw  of  towwrf  Yemrgan,  decfeafed,  late  oi  tin*  county  of  Warnti,  he  did  de- 
fire  i »  hi»  laid  .\ ill  due  a  eti  t  i  i  negro  m  in  c  f  h,rs  property,  Ihould  after  the  dents  of  his  daughter  //»  r  Aljhn, 
Wtfe.td  William  A.Jtjti,  oi  Ch.'tbam  ccd'nty,  be  let  free,  for  and  (Wing  ii:e  mil  term  of  fifty  five  years  :  and  whereas 
\i.t  fa  d    /,;«.•  being  nqw  deid,  it  is  riiougn  juft  atid  right  the  i. id  tatt  will  and  teitament  fhould  be  adhered  to  : 

I.  Be  ii  therefore  cn_  El  d,  by  the  Ge::c;  a!  /•jf.ml  'y,  th.it  from  and  after  the  palling  of  this  a<ft)  that  the  aforefaid 
C.-fur  lhail  and  may  be  at  his  own  liheriy,  for  and  during  the  term  mentioned  in  his  mailer's  w  11,  upon  the  fame 
footing,  and  under  the  lame  relhic'tiuns  as  o:her  tree  negroes  are  iutitled  to  in  this  ttate,  and  /lull  be  known  and  cal- 
led ay  the.  name  of  defur  tictny  ;  any  law  to  the  contrary  notwitMtanding. 

•CHAP.  LI.  /hi  ajl  la  eJlabi'JJ)  the  late  furvey  md  fi'&i  of  th^  town  <?/ Tar  borough  as  made  and  laid  down  by  tht  direction 
of  the  com-mfjionsrs  coiny.fmgthe.boly  pUi-lc  and  crrpor,ite  of  the  fii  town,  ana  to  amend  an  act  intitUd,  "in  a<£t  for 
the  beuer  regulation  of  the  town  of  Tarl.roigh."     p.    153. 

WHEREAS  it  i:-repreiented  to  this  General  Afhmbly,  that -from  the  irreguhr  manner  in  which  moft  of  the 
bu  ldings  firlt  erected  in  the  town  diTu  Thorough  have  been  placed,  as  well  as  to  prevent  in  future  the  erecting  ou- 
tliers in  like  manner,  it  hath  been  judged  advifeable  by  the  inhabitants  ot  the  faid  town  generally,  that  the  width  of 
the  ftreets  thereof  fhould  be  curtailed  and  their  limits  fixed  with  predion  ;  and  it  being  further  reprelented  that 
purluaqt  thereto  the  cornmiffioners  have  cauled  an  accurate  fiirvev  of  the  bid  town  and  town  common  to  be  rn.de, 
and  the  fteeets  to  be  accordingly  curtailed  and  polted  as  appears  by  a  plat  and  plan  thereof  now  before  this  Aflembly, 
bearing  date  the  twenty  third  day  of  June,  one  thou;and  leveii  hundred  and  eighty  lix,  and  it  being  prayed  that  the 
fame  fhould  be  eltablilhed  and  made  valid  by  act  of  Aflembly  : 

I.  Be  it  therefore  enaEled  by  the  General  Affembly  if  the  State  of  North-Carolina,  and  it  if  hereby  ettacled,  by  the  autho. 
riiy  of  the  fame,  that  the  furvey  and  p'.a  11  ot  the  town  of  T&  b.rAigh  made  by  fi.lheldred  Philips  and  Benjamin  Dicken, 
Eiquires,  furveynrs,  agreably  to  the  direction  of  the  commifliouers  of  the  faid  town,  beating  date  the  twenty-third 
day  cf  Jun;,  one  thou  fa  nd  (even  hundred  and  eighty  (is,  and  which  furvey  is  bounded  as.  follows,  to  wit,  beginning 
at  a  live  oak,  gum  and  fwairp  beach,  Handing  id  the  moutn  of  a  !Yr.*l!  branch  which  empties  into  Holly's  creek  a  little 
above  where  the  road  crofle*  die  faid  creek,  running  thence  r.crth  fifty-two  tad  one  hundred  and  fixty-fis  poles,  to 
the  center  of  four  tmall  pines  and  a  gum,  thence  fonth  t wenty-eight.-ea'tl  two  hundred  poles,  to  the  center  of  .two 
red  oak:-,  a  black  gum  and  chinkapin  Handing  on  the  bank  of  the  river,  thence  down  the  river  to  the  mouth  of  Holly's 
creeo',  thence  up  the  fail  creek  to  the  beginning  :  containing  one  hundred  and  ,-feveuty  -jive  acres  or  thereabout  : 
one  copy  of  wlvc'i  furvey  or  plan  being  firlt  hied  in  the  Secretary's  office,  and  one  oth?r  copy  among  the  pipers  of 
the  faid  board  of  co  nmiflioners,  (hall  ever  thereafter  be  held  and  deemed  to  he  the  bounds  and  plan  of  trie  faid  town. 
provided  utvetthtlfs,  that  nothing  herein  contained  (lull  operate  as  a  bar  of  action  againft  any  perfon  or  perfon;  own- 
ing lands  adjoining  the  faid  tewn,  who  may  think  him  or  themfelves  aggr  eved  by  the  furvey  aforefiud.  And  to  the 
end  that  the  owners  of  lots  may  be  compelled  to  piy  a  ta,x  proportionate  to  the  worth  of  the  lame  : 

II.  B:  itfurihtf  eaalied,  that  lor  the  year  one  thoufand  ievc.t  hundred  and  eighty-leven,  and  each  fucceeding 
.year,  the  pefloiis  appointed  to  aififs  the  town  property  in  the  county  of  Edgecombe,  (hall  in  addition  to  the  return 
by  them  to  be  made  10  the  court  of  the  faid  county,  make  at  the  fame  :ime  an  accurate  return  on  oath,  under  their 
hand?  and  lea'e,  of  the  valuation  of  each  arid  every  lot  with  its  improvements  in  the  town  of  Tarbirmg h,  to  the  chair- 
man of  the  board  of  coouniihoners  for  the  laid  town  ;  and  the  commiffioners  lhall  and  may  thereupon  levy  a  tax  not 
.exceeding  eight  (hillings  on  each  and  every  hundred  pounds  of  the  property  fo  valued,  and  alfo  a  t?>x  not  exceeding 
eight  fh:l!ings  on  each  and  every  pcrfon  (being  a  proprietor  in  the  faid  town)  whole  lot  or  lots  do  not  amount  agree- 
ably, to  the  valuation  aforefaid  to  one  hundred  pounds,  exdufkc  of  the  taxes  hereto/ore  by  ail  of  Aflembly  on  biazz's, 
porches  and  other  encroachments. 

III.  And be  it  further  enacted,  that  all  free  males  of  twenty-one  years  old  and  upwards,  who  fnall  have  ufually  re- 
dded .within  the  faid  town  for  the,  \~pa':e  of  three  mouths  previous- to  the  firftday  of '  Auguft  annually,  and  who  do  not 
own  any  lot  or  lot*  therein  fliall  like  wife  be  cor.fidered  as  being  liable  to  pay  taxes,  and  (hall  be  raxed  accordingly  at 
the  difcretion  of  the  commdlioners,  in  any  funinot  exceeding  eigi.t  (hillings  yearly.  And  in  order  that  a  juft  and  ac- 
curate 1  lit  of  all  perfons  by  this,  .and  of  all  property  bv  the  before  peeltetl.ftci  liable  to  be  nfL-lled  may  be  obtained  : 

IV.  Be  it  fix  tfar  enacled,  by  the  authority  aj  or  ef aid,  that  :!ie  court  of  Edgecombe  count/,  on  apprcatiou  of  the 
comm'.irnners  of  the  laid  town,  (hall  yearly  appoint  lome  J  iliieeof  the  Peace  of  the  county  aforefaid,  who  .(hall  We- 
tween  tlie  full  and  lafl  days  of  June  in  each  and  everv  year,  receive  from  the  inhabitants  cf  the  laid  town,  true  and 
accurate  lifts  on  cath  of  all  the  polls  and  property  to  tjiem  hdoni-ring,  which  by  this  and  the  act,  entitled,  "  an   <  a 

fir  the  regiduti.n'j  the  lowv.'f  rarborough.1'  are  made  liable  to  taxation  ;  and  fliall  make  return  of  fuch  lifts  under 
his  hand  and  l<vd,  to  the  board  of  commifiieners  at  their  firlt  indBtihg  which  lhall  happen  after"  the  firit  day  of  July  in 
each  year  ;  and  every  perlon  fiiiiug  to  give  id  on  01th  lifts  as  afortfiid,  ihall  be  afTelfed  in  double  the  amount  ol  the 
tax  for  which  he  or  the  would  ctlurwifc  have  been  i: able.  And  for  the  due  colieclion  ot  the  taxes  arifirig  in  virtue 
of  this  and  the  before  retiud  aci  : 

V.  Beit  further  enacled,  that  the  conmifTioncrs  (hall  appoint  i'ome  perlon,  properlv  qualified,  colleflor,  allowing 
hirfl  fUch  comruifTions  as  to  them  (hall  feem  adequate  arid  jtilt  ;  audit  is  hereby  further  declared  that  all  taxes  and 
rents  which  lhall  bee om-:  due  in  virtue  ol  this  and  the  before  recited  aft,  lhall  be  co.leited  and  accounted  for  annual. 


l83 

ly  on  or  before  the  firft  day  of  November  in  each  year ;  sod  in  cafe  #f  the  failure  or  refuf  il  of  any  person  JO  p»v  tits  . 
fame,  the  collector  (hull  and  he  is  hereby  authorilcd  to  fed  at  public  vendue,  io  much  of  me  perfomi  property  of  lueh 
perfon  fo  f.iihng  orrehiting  as  will  be  luffiicient  to  dilcharge  the  ium  lor  which  he  or  the  (hall  have  become  Jiafek, 
governing  himfeif  by   the  rules  of  hw  prefcribed  for  collectors  of  pubitc  taxes. 

VI.  And  be  it  further  entitled,  that  any  perfon  (  wning  a  lot  or  lots  in  the  faid  town,  and  who  hjs  no  perfonal  pro. 
perty  to  be  found  in  the  county  aforefaid,  who  lhail  fail  for  the  Ipace  oi  twelvemonths  to  pav  the  Mjj  for  which  he 
•may  have  become  liable,  the  conininTioners  lhall  and  they  are  hereby  directed  to  ti.ll  one  of  fucli  1  ,s,  at  public  ven- 
due, lothe  mgheft  bidder,  for  ready  money,  and  grant  a  deed  for  the  fame  ;  firlt  advertifmg  fuch  lot  for  the  Ipace 
of  lix  mon;h-.  in  the  North-Carolina  Gazette,  and  after  deducting  the  tax  and  other  expences  \v  ,cli  may  have  accru- 
ed in  coBicqu.Mice  of  fuch  advcrtiienier.t  and  file,  fliail  pay  the  balance  on  application  to  the  perlon  entitled  to  receive 
it. 

And  whereas  it  is  found  necefTary  that  the  inhabitants  of  the  town  of  7"(irioror^f}iou!d  be  compelled  to  wo'k  in  the 
ftreets  thereof  more  than  twelve  day  s  m  the  year,  and  it  being  likewile  neceflary  the  law  lhould  clearly  point  out  all' 
i  .ch  perlt  ni  who  ira    be  fo  compelled  : 

■Vll.  Be  it  therefore  enacled,  that  for  the  future  all  perfonsliable  to  work  on  the  ftreets  of  the  town  oc.Tarb'rii<eh, 
may  be  compelled  to  work  theieon  any  number  of  days  not  exceeding  twenty  four  in  one  year  ;  and  that  each  and  eve- 
ry free  male  between  the  ages  of  eighteen  and  fifty  years,  who  lhail  have  ulually  rctided  within  the  lin.irs  of  the  laid 
town  for  the  fpace  of  thirty  days  previoti6  to  ai.y  day  fetapart  for  woikingon  the  ftreets  thereof,  lhall  and  he  is  here- 
by declared  to  be  liable  to  work  thereon,  and  ihall  work  accordingly  or  furnifh  a  fuiilcienc  fubititute  in  his  ftead  • 
and  that  all  male  haves  of  fixtcen  years  old  and  upwards,  who  ulually  refide  within  the  laid  town,  (hall  be  coniidereci 
as  being  liable  to  work  on  the  itreets  thereof,  and  fhali  work  accordingly,  under  the  like  pain's  and  penalties  as  free 
■=sen  in  cafe  of  negleft  or  refuial,  to  be  recovered  of  their  proper  owner  or  t  e  perfon  havincr  thetn  in  poffeflion. 

Vlil.   Ar.d  be  it  further  enacled,  that  each  and  every  male  inhabitant  ot  the    laid    town,  as  well  (ervants  and  flaves 
.  as  Ireemen,  (hail  henceforth  be  confidered  as  exempt  froia  working  on  the  public  loads  during  the  time  they  (lull  con- 
tinue inhabitants  as  aforefaid,  but  lhall  wotk  on  the -ftreets  of   the  (aid  town  only.     Provided  always,  that  any   ihino- 
here ::i  contained-  dial!  not  exempt  the  inhabitants  of  the  ii*id  town  from  being  liable  to  work  on  the  river. 

IX.  And  be  irfarther  enacled  by  the  authority  aforefuid,  that  the  fourth,  fifth,  fixth,  feventh,  eighth,  ninth  and 
tenth  claufes  or  lections  of  an  acl  of  ihe  laft  General  Allembly,  entitled,  "  An  aft for  the  t  egttfaiion  of the  town  of 
Tarborough,"  be  and  the  fame  are  hereby  repealed  and  made  void.  Provided,  that  nothing  herein  contained  lhall 
he  conltrued  to  prevent  or  hinder  the  collection  of  the  tax  on  the  inhabitant  ot  the  town  of  Tar  borough  \qt  the  year 
one  thoufand  feven  hundred  and  eighty-iix,  as  provided  for  by  the  before  recited  act. 


Chap.  LIJ.  An  aclfor  empowering  the  court  o/Chuham  county  to  adjourn  to  ihe  town  6/Piufborourgh  in  faid  county. 
\\l  UEKE^S  hv  an   aft  of  the  prefent  General   AHembly  a  town   is  eftablifhed  in  the  county  of  Chatham  by  the 
W     name  of  Pifljboiough',  and  it  hath  been  reprefented  that  by  holding  the   courts   of  faid  county  at  Pittfiorougb  a- 
forclaid,  will  greatly  relieve  the  people  who  have  bafmels  depending  in  laid   court,  as    well  as  thole  who  are  by  law' 
obliged  to  attend  all  other  public  meetings  : 

J.  Bert  therefore  enacledhy  ihe  General  Affembly  aftheftate  of  North-Carolina,  and  it  is  hereby  enacled  by  the  autho- 
rity of  the  fame,  that  the  juftices  of  tne  laid  court  of  Chatham  be,.and  are  hereby  amhoriied  and  empowered  to  adjourn 
to  the  faid  town  .of  Pittfoorofgh  at  any  time  they  (hall  think  proper  ;  to  which  place  all  matters  and  things  in  the  laid 
court  depending  ar?  h\  reby  aieclared  to  itand  adjourned  agreeable  to  the  adjournment  »f  the  faid  court. 

If.  And  be  it  fai  tier  enacled  by  the  authority  afor.faid,  that  all  and  every  act,  or  par:  of  an  act,  for  holding  the 
courts  of  laid  county  at  any  other  place,  (hall  from  and  after  the  palling  of  this  act  be  repealed  and  made  void. 

Chap.  LIU.  An  ail  creeling  a  town  on  the  lands  c/\Matthew. Figures  in  Northampton  county,  on  ihe  fouth  fide  tf  Me- 

.-herrin  river. 
\T7HEREAS  it  is  reprefented  to  this  General  Affembly  that  the  lands  of  Matthew  Figures,  on    the   fouth  fide  cf 
YV    Meberrin  river,  is  a  healthy  pleafant  fituation,  conveniently  lituated  for  trade  ;  and  the  faid   Matthew    Figwes 
having  lignified  his  confent  ro  have  one  hundred  acres  of  laid  land  laid  off  for  a  town  and  town  common  ; 

I.  Be  it  enacled  by 'the  General  Affembly  of  the  State  of  North-Ctroliua,  and  it  is  hereby  enacled  ly  the  authority  there- 
of, that  the  faid  one  hundred  acres  of  land  be,  and  is  hereby  conltiuitedar.il  eftablifhed  a- town,  and  fhall  be  called  by 
the  name  of  Princeton* 

II.  And  be  it  further  eroded,  by  ihe  authority,  aforefaid,  that  Howei  Ldmori&s,  James  Vaughan,  Matthew  Figures,  Ne- 
h'miuh  Long,  Nicholas  Edmonds,  Henry  Deoerry  and  Bmiamin  Cokely,  or  a  majority  of  them,  be  and  t'-^ey  an-  hereby 
conihtuttd  cominiifi  .ners  a:  d  rrultets  for  designing,  building  ai  d  carrying  on  the  laid  town,  and  they  lhall  Hand  friz.  • 
ed  of  an  indefectible  eftate  in  the  laid  lands  a  oreiait"1,  to  at.d  fjr  the  uies,  intents  and  purpoles  hereby  declared  ;  and 
thelaid  commillioners  or  a  maicn-.y  if  them,  lhali  have  full  po-.ver  and  authority  to  meet  aG  often  as  the)  Ih.iM  think 
necelfary,  to  appoint  a  ptbiic  quay  on  the  laid  river  adjoining  faid  town  for  a  public  landing  as  they  fha!l  tbink  necciTa. 
ry,  and  lhall  lay  off  levcntv-five  acres  of  laid  lands  <nto  itreets,  fqjares  and  one  acre  lots  each,  and  caufe  a  plan 
thereof  to  be  made,  receive  lubknptious  to  the  auicuut  of  five  pounds  lor  each  let,  which  fhall  be   paid  10  Mahevj 


t%4 

Figures  the proprietor  thereof  as  full  eompenf.tion   for   faid  lards;  and    the  refidue  of  fard  lands  except  two  seres- 
•whkh  ihali  be  reli-rved  for  a  public  ware»houfe,  (lull  forever    remain  a  town  cwimoj  ;  and  the  Lid   commidioiiert.  - 
o.r  a  majority  oi  them,   (hall  appoint  a  time  and  give  public  norice  thereof  tor  meeting  t-he  lubfcnbers  oh  the  laid  bud 
lor  determining  the  property  rf  each  particular  lor,  which   (ball  be    drawn,  by  ballut    in  a  (air -manner,   by  dirccl  on, 
and  in  the  prelence  of  a  majority  of  the  commifiioncrs  at  leait,  and  each   fubfenber  lh»li.  be  entitled   to  the  lot  or  lo  « 
whirh  Ihall  happen  to  be  drawn  for  him  and  corrtfpond  with   the  number   ccMit.'incd.  hi  tho.p'an   of  the  laid  (own  I 
and  the  laid  commifiioners  or  a  majority  of  them,  (hall  make  and  txecute    deeds  lor   griming. and  conveying  the  Lid 
lots  contained  in  the  (aid  town,  at  the  proper  cults  and  charges   of   the-,  laid    grantee  or   grantees  to  whom,  i he  fame  • 
Hull  be  convened,  and  any  perfon  claiming  any  lot  or  lots  in  the  Lid  town   by    virtue  oi  luch  conveyance,  ihall  and  ■; 
m.;y  hold  and  enjoy  the  lame  iniee-liwple. 

And  for  continuing  the  fuccelfion  of  the  (aid  commifiioners  t  - 

III.  Brit  entitled,   that  in  rafe  of  death,  reJuial  to  aft,  or  removal  out  office  ftate   ci    any  ri  the  commifTioners,. . 
fhe  fit/riving  or  other  comruilhoiers  or  a  majority  of  them,  fhall  afi'cmble,  and  Ihall  from  time  to  time  by   inltrumenc 
in  writing  under  their  hands  and  feals,  nominate  fome  other  perfon  being  a  ireeholder  of  iaid  town,  In    the  place  oi  • 
him  fo  dying,  refuting  to  s£t  or  removing  as  aforefud,  which  new  coram hfioners  i"o  appointed   (hall   be    veiled  with    . 
the  fame  authorities  as  thole  exprelsly.  named  in   this  act.  - 

Chap.  LV.   /In  aft  for  altering  the  jiames  of  Walter-  Hogg,  and  Gavin  .Hogg  to  tho/e  r/"  Walter  AIv.es  and  Gavin  A!ve»,- 
the  ti.ime  of  J.imes  Malon  to  th.it  of  J  i.rrv;,i  him,  and  the  nam;  of  Jonathan  Ballingir  to  that  of  [onatnan  Parker. 

WHErlEAS  it  is  the  earned  refyieitot  ja  aes  ffog.;,  o\. Orange  county,  that  his  lo.is,  Waiter  tfcggznd  Gavin  Hogg,  - 
Ihould  hereafter  be  calLd  anJ  known. by  the mmesof  Waltir  /Hues  and  Gav'iti  /lives,.  z\\&  of  the  periois  men- 
tioned in  the  laid  title,  that  their  names  fU-3iild.be  altfred  as  therein  let  iorth. 


j /#  *    —    -       -    - 1.         i   ..."  .  .  i  -      -0-      -^  -  r      .-  i  i  ■<    -*— —  - 

pable  in  law  cr  eqjity  of  negociating  and  tranlading  ali  manner  of  bulmels  by  the  refpedive  names  herein  before, 
jrientioned,  in  as  lull  and  ample  manners  a*  itthey  bud  been  called  and  known  by  no  oiher  names  Irom  the  t.me  of 
their  nativity  ;  any  law,  cuflom  or  ufage  to  the  contrary  riQtwi.hllanding. 

Chap.  LA7!.  An  afi  h  enable  the  exceptors  r/Robert  Hogg,  dceaftd,  tornajnta'm  and  d.'fendfuiu  under  the  regulations 

therein  mentioned. 

iT  having  been  represented  and  proved  to  the  ACembly  that  Samuel  Campb til. formerly  one  of  the  copartnership  of  #<££ 
atid  Campbell,  while  he  was  a  citizen  of  this  (late  and  before  he  withdrew,  from  I  is  allegiance  to  it,  did  alligr.  and  lee 
ever  for  a  good  and  valuable  confideradon,  all  his  right,  tiile,  claim,  intereft  and  demand  to  all  and  every  part  of  the 
profits  of  and  debts  due  to  faid  copartnership,  to,Ja:n?s  Ho?g,  one  of  the  executot  s  and  deviiees  of  the  faid  Robe't  :- 
rctd  whareas  the  laid  Samuel,  by  withdrawing  from  his  allegiance  to  this  ilate,  -h*s  becoqie  riifabled  by  himfelf  cr 
by  others.ro  hrinn  foils  in  his  own  mine  :  and  whereas  by  the  death  of  the  Iridjlabert,  the  only  mode  of  maintaining 
fuits  for  the  recovery  of  debts  due  to  the  faid  copartnerlhip  agreeable  to  the  laws  nowtin  force,  mufl  be  in  the  name 
of  Samuel  Campbell,  futviving  copartner  of  Hogg  and  Campbell  ■  and  whereas  thereby  the  executors  of  the  Lid  Robert 
Digg  are  utterly  prevented  |rom  recovering  the  jufb  debts  due  to  the.  laid  copartnerlhip  lo  afligned,  and  are  hereby 
liifabled  to  carry  the  will  of  the  deceafed  Robert  into  execution  and  to  pay  his  juft  creditors  : 

I.  Beit  therefore  e/tafted  by  the  General  Affembly,  and  it  is  hereby  enjtjed.by  the  authority  a/ the  fame,  that  William 
Sfooprr,  James  Hogg  and  .'James  Bulges,  be  and  they  are  hereby  authorifed  an4  empowered  to  maintain  fu  ts,  as  well 
in  law  as  equity,  in  the  names  o(  themiel  ves,  ibling  themfelvcs  executor-  of  Robert  ffegg,  deceafed  ;  and  in  the  names 
of  the  lurvivor*  or  (urvivor  of  them,  for  all  monies  due  and  owing  ;o  the  Lid  copartnerlhip,  and  upon  the  breach  of 
ill  contracts  .heretofore  madeor  cion<:  on  deLult  offuch  conditions  to  be  imdeor  d<,m  to  the  faid  coparcuerfhip,  and- 
in  their  own  names  and  as  executors  aforefaid,  to  fue,  profecute  and  defend  all  and  every  liiit,  both  in  law  and  in  e- 
qojty,  for  and  on  account  of  faid  oparrnerfhip,  to  have  recoveries  in  the  fame  manner,  as  fully  and  amply  to  every 
intent  and  purpofe,  as  he  the  faid  Samuel  Cimpbcll  in  h'sown  name  could,  if  he  had,  remained  until  this  lime  a  good, 
true  and  faithful  citizen  of  th'S  lra:e,  and  had  never  affigned  his  interelt  in  the  copartnerlhip  to  the  Cud  James  Hogg 
cir  any  other  perlon  whaUoever  ;  a  ty.  law,  cult  nn  or  ulage  to  the  contrary  notwiihltanding.  Provided  n°v;rthelrfs% 
that  nothing  in  this  law  contained,  fhail  be  coi  ilrucd  to  extend  to  b;r  or  rcl'ncjuiih  amy  claim  which  Um  ftate  has  or 
toay  have  to  Jill  or  part  of  ihs  prop,  rry  of  fhci^id  Sa;r,urt  C  a:npbeiU 


1*1 

Chap.  LVIT.  An  aft  fir  the  infpicTiov.  of tobacco  at  AnCon  cwrt-houn'* 

WHEREAS  it  may  be  beneficial  to  the  inhabitants  of  Anfon  courty,  that  an  iulpeclion  of  tobacco  fhould  be  eft*« 
blilhedat  the  courc-houl'e  thereof  : 

I.  Be  it  therefore  enacled  by  the  General  Affmbly  tfthef/afeqfNonh  Carolina,  and  it  is  hereby  em.cl:d  by  the  autbo* 
rity  of  the  fame,  tfta't:.e  c  ;uiuy  court  of  Anfon  lhall  annually  appoint  two  difereet  arid  careful  men,  who  telide  con- 
tiguous to  tiie  court  h'oufe  alorelaid,  and  are  weli  a  rj.i  tinted  with  the  nature  nnij  qualities  of  tobacco,  to  be  mlpe£t,  >rs 
thereof;  w&ofhall  take  the  fame  oath,  be  fubjeft  to  lift  fame  rules,  regulations  and  reitriciions  to  which  Wpe&ors 
of  tobacco  are  f  ubject  by  a  n  aft  ol  the  Genrrtl  Afiembly  palled  at  Halifax,  in  the  year  one  thojfand  leven  hundred 
and  feventy-feven,  enthled,  •*  An  c.3  to  emend  tht  j;  spic  of tobacco  u.J  jrmnt  frauds  }''  the  fatce  to  be  lubjtft  tore 
inipeciijn  at  tht  plate  ot  (hipping,     A.  C.  L.  2  ,    1777,  p.  337. 

II.  And  belt  further  enacled,  that  the  inipeclors  lo  appointed  ilia!!  have  and  receive  of  the  owners  of  tobacco,  t'le 
fum  of  eight  lluilings  for  ever)  hogfhead,  and  the  fu.m  ot  one  (hilling  for  every  hundred  weight  oi  tranter  toDacco  by 
tbem  impeded,  in  lull  lor  tne  r  trouble,  finding  nails,,  and  every  thing  necefl'ary  tiiereto. 


Chap.  LVIIL  An  aci  to  emancipate  Hannah,  alias  Hannah  Bowers,  aper/bnof  mixed  bLoa,  beleagim  to  the'ejtate 

of  the  laic  Alexander  Gallon,  decea/eU 

WHEREAS  it  appears  to  this  General  Affembly,  that  tfie  late  ,4k}  wider  Gatf'ott,  ct  the  towri  of  Newbern,  did  in 
bis  life  timelreq  1  ntly  exprelia-delire  t;:at  the  'ail  gtrlHannab  mou)cjbe  let  free,  and  did  certify  the  fume  in 
bis  own  hand  writing,  which  certificate,  has.  been  fince  found  among  the  pprsof  tl:e  deceafed  :  and  wherea  z  tne 
vidow  ot  the  laid  Alexander  Capon  has  al  ofigniiied  her  dclire  that  the  Laid  gin  fhoulu  m  compliance  with  her  hufband* 
wifhes- In  his  lifetime  to  bt!  let  fie    : 

I.  Be  it  thtrefsti  e :.  tied  by  the  General  jffembly  ofthefrate  of  North  Carolina  and  it  h  hereby  enaflfaby  the  author 
lily  iftkefume,  that  the  faid  mujatto  girl  called  Hdinaux  alias  Har.nah  Bowers,  lhall  be,  and  ;s  hei  eby  declared  t:  be 
emancpa.f-d  and  nude  free  to  A\  intents  ard  puroofes,  and  lhall  be  entitled  to  aU  the  privileges  and  btnefiis  of  a  free 
perfon,  in  as  fuil  and  abfolute  manner,  as  if  lie  tne  laid  Hat:tt  •/;  hod  been  Dorr,  of  a  tree  wom^n. 

Ihap.  LIX.  An  a£i  for  efl ablifli'wg  a  lowjn  on  ti.e  lards  /"William    Muifree,    on    IVIeherrin    river,    in  the  county  of 

1  ertford. 

WHEREAS  it  Iks  been  reprefented  to  tiie  Genera!  Afie.nbly,  that  on  the  lands  of  William  Mterfree,  at  Murfree't 
landing,  on  Meherrin  river,  there  is  a  very  poper  Utuatiori  f  r  a  towti ;  that  ihe  place  is  remarkabl  t  healthy, 
and  convenient  to  a  country  which  produces  l.rg-  fuppiies  of  tobacco,  naval  (tores,  corn,  pork  and  lumber  For  expor- 
tation, and  that  the  convenience  for  (hipping  piodute  at  this  landing,  1-  greatly  luperiorto  what  15  generally  found  ac 
other  landings  :  at.d  wherea;  a  great  cumber  of  citizens  of  this  Uaie,  in  habitants  of  the  counties  of  He/tJ.rd,  Norths 
amptotti  Halifax,  Hfar-ren,  Edgecombe,  Bertie,  Gates  and  Chowan,  have  prayed  that  3  town  may  be  creeled  at  this 
place,  and  William  Murfree,  me  proprietor  ot  the  loil,  1-aih  confented  th  it  ninety  (even  acres  of  the  land  adjoin:  g 
to  the  river,   lyaich  has  been  iurt eved  and  laid  off,  (hall  be  appropriated  to  ih  s  life  : 

I.  Beit  therefore  erccled,  bytheCen  r  I  Affmbly  'if  theflaie  of North-Carolina,  and  it  is  hereby  enaH.d,  by  the  au. 
tbirity  of  ihe  fume,  tn.it  :he  hid  ninety -.even  acres  of  land  Iholi  be  laid  out  in  lots  of  half  au  acre,  with  Coirwenie  :t 
ttrects,  and  the  fame  are  her  by  conftituted  anu  eltablimed  a  town,  and  ihall  be  callci  by  the  name  of  Wutfi   .jlorot/gh. 

II.  And  be  it  fwlhir  enabled,  by  tht  authority  afore/aid,  that  from  and  aur  the  pilling  ot  this  aft,  William  Murfrtr, 
Patrick  ,  Redmond  Hackttt,  William  Vuughcn  a  d  John  Par  her,  be,  and  the),  and  every  oi  ihem  be  conllitutecS 
cominiili  ners  and  trullees  tor  deligning,  building  and  carrying  on  the  faid  town,  and  they  (hali  iland  feized  in  an 
indefeafibie  eftat^  in  fee  ftmple  in  the  laid  ninety. leven  acres  » f  laid  as  atorelaid,  io  and  for  thi  lies,  intent,  and 
pui  poles  hereby  declared  ;  and  the  laid  coininillioners  or  any  three  of  them,  (l:all  hnve  fill  power  ard  authority  to 
11  et  as  oftea  as  they  (hill  think  nc^efiary,  to  appoint  a  public  quay  on  Meherrin  river  adjoining  the  (aid  town  for  a 
p  ,  •  lie  !a:  d mj;  where  they  may  think  moll  convenient  and  necelfary. 

HI.  .■ir.dbeitfurtherenueldby  the  au'horily  of n e faid,  ihat  the  laid  commiffioners  fh all  prepare  a  reru'ar  plan  of 
the  town,  with  its  Hi .  ets  and  lots,  the  lots  being  numbered,  and  they  (hall  appoint  a  time  by  public  n:  tice  tor  ;hc 
meeting  of  the  fubfLr.b.-is  for  (aid  los  on  .he  premifes,  when  and  where  thev  lhall  determine  the  property  of  eac 
particular  lot  by  ballot,  which  Ih  ill  be  drawn  in  a  (a'r  manner  by  direction  of  and  in  tiie  prefenee  of  a  n  ajority  of  the 
to  i.millioners,  and  fuch  of  the  fublcribers  as  chufe  to  attendj  and  each  fubferiber  lhall  be  entitled  to  the  lot  or  lots 
which  Ihili  happen  to  be  drawn  for  fiim  and  corrrfpond  with  the  number  contained  in  the  aforelaid  plan  ot  the  town  ; 
sr.d  the  laid  comm. .boners  or  a  majority  of  them,  lhall  make  and  execute  deeds  for  grantingandconve\irg  ihe  laid 
lots  contJ'nd  in  the  faid  town,  to  the  repeftivelJ  bfcribers  for  the  fame,  their  heirs  at  d  alligns  torever,  «n  I  jI  o  to 
ail  and  every  other  perlon  andperions  who  lhall  purchale  any  other  lotorlois  in  the  faid  town,  at  tie  proper  c-lts 
and  charges  ot  the  faid  grantee  or  gr.antees  to  whom  the  fame  lhall  be  conveyed,  and  any  perfon  claiming  i.ny  lot  cr 
lots  in  the  laid  to'-\n-by  virtue  of  luch  conveyance,  lhall  and  may  hold  and  enjoy  the  fame  in  fee  fimpie. 

IV.  And  be  ii  further  enucled  by  the  authority  aforefaid,  that  the  refpecVive  fubferibers  for  the  f>id  lots,  (ball  vt:thin 
three  months  after  it  lhall  be  ufceruiued  to  whom  each  of  the  laid  iocs  doth  belong  in  manner  herein  before  mention- 

A3 


JO* 

ed,  pay  and  f;»'»fy  to  the  faid  Commiffioners,  the  fum  of  nine  pounds  for  each  lot  by  them  fubfcribetl  for;  and  in 
cafe  of  the  refulal  or  neglect  of  any  fuilcriber  to  pay  the  laid  law,  the  laid  commiffioners  (hall  aud  may  commence  a 
fait  for  the  fame  in  cheii  o*n  names,  and  therein  ll.al!  recover  judgment  with  ccfis. 

And  for  continuing  ihe  fucctflion  of  the  commiffioners : 

V.  B:  it  enacled,  thst  in  caie  of  death,  rcfufal  to  aft,  or  removal  out  of  the  (late  of  any  of 'the  faid  commiffionerr, 
<he  furviving  or  other  comniiffioners  or  a  majority  of  them,  (hall  afi'emble,  and  lhall  from  ;ime  to  time  by  an  inftru- 
ment  ol  writing  under  their  refpeftve  hands  and  ieals,  nominate  Ionic  other  perlon  being  an  inhabitant  or  freeholder 
of  the  faid  town,  in  the  place  of  him  fo  dying,  refufing  to  aft  or  removing  out  of  the  Hate,  which  new  couimiflioner 
io  nominated  and  appointed  (hall  from  thenceforth  have  the  fame  power  and  authority  in  all  things  concerning  the 
matter  herein  contained,  as  if  he  had  been  expielVly  nominated  and  appointed  by  this  aft. 

Chap.  LX.   An  cB  for  the  lufpeclbn  of tobacco  at  Jofeph  Green's,  in  Wayne  courtly. 

WHEREAS  it  may  be  beneficial  to  the  planters  of  tobacco  in  and  adjacent  to  the  county  of  Wayne,  that  an  in. 
fpeclion  of  that  commodity  fhould  be  eltabhlhed  in  faid  county  :  And  whereas  the  inhabitants  of  the  fame  have 
at  their  own  expence  erefted  and  fitiilhed  a  convenient  houfe  at  Spring  bank,  on  Neufe  River,  where  Jofeph  Green 
now  lives  infjid  county  of  Wt-yve,  tor  the  purpofe  of  floring  tobacco  •: 

I.  Be  it  therefore  enacled,  hj  the  Genoa! A '(Jcmbly  rf  the  State  of  North  Carolina,  and  it  is  hereby  enacled,  by  the  au~ 
tbority  of  the  fame,  that  the  county  court  of Wayne  fha!l  appoint  pvo  difcreet  and  careful  men,  well  acquainted  with 
the  nature  and  qualities  of  tobacco,  to  be  in fpeftors  thereof  ;  who  (hall  take  the  fame  oath,  be  fubject  to  the  fame 
i;ules,  regulations  and  reftrictions  to  which  infpectors  of  tobacco  are  fubjeft  by  an  aft  of  the  General  Aflembly  paffed 
at  halifax,  in  the  year  one  thoufand  feven  hundred  and  feventy-feven,  entitled,  "  an  aEl  to  amend  thejlaple  oj  tobacco 
and  prevent  frauds."     tS.   C.   L.  «,    I//7,  /■•  337- 

II.  And  be  it  further  enailed,  by  the  authority  aforefdid,  that  the  infpefton  fo  appointed  (lull  have  and  receive  of  the 
owners  of  tobacco,  the  fum  of  eight  (hillings  for  each  and  every  hoglhead,  and  the  futn  of  one  (hilling  for  each  and  e- 
very  hundred  w  eight  ol  transfer  tobacco  by  them  infpefted,  in  full  for  their  trouble,  finding  naib,  and  every  thing 
•neceffary  thereto. 

III.  And  be  it  further  enacled  by  the  authority  aforefaia,  that  all  tobacco  lo  inlpected  fliall  be  held  and  deemed  mer- 
chantable tobacco,  as  if  the  fame  had  been  inlpefted  at  any  other  infpection  within  this  Hate. 

Chap.  LXI.   An  ail  for  enabling  certain  perfons  to  perfeel  a  canal  between  Scuppernong  river  and  .the   lake  near  i\s 

head, 

WHEREAS  it  has  been  reprefented  to  this  General  Aflembly  by  Jcfiab  Collins,  Nathaniel  fllen,  and  Samuel 
Dickenjon,  Efquires,  that  they  are  at  a  great  expence  cutting  a  canal  from  Scuppernong  river  torhelake  ot  that 
jiamej  a  diftance  of  fix  miles,  by  which  they  expect  fo  be  enabled  to  reduce  the  waters  in  the  lake  t0  drain  a  vaft 
quantity  of  fertile  land,  and  the  lame  to  w  ater  at  pleafure,  by  which  means  they  may  greatly  promote  the  culture  of 
hemp  and  rice  ard  conlequently  the  commerce  ana  revenue.-  e.ffhis  itate  :  and  whereas  the  faid  'Collins,  Alien  and 
Dickenfon  have  represented  that  there  is  (erne  land  in  the  neceflaiy  courfe  of  the  canal,  which  is  iufpeftcd  to  belong 
to  an  orphan,  and  other  land  whole  owner  is  not  perfectly  known,  and  that  fome  impediments  may  arife  from  fuch 
caufes  to  the  proitcuticn  of  their  defigti  :  and  whereas  it  is  the  defiie  of  this  legiilature  to  pi  omote,  every  ufeful  un- 
dertaking. 

I.  Be  it  enacled  by  the  Gentrjl  Afjir.ibly  ojthefltte  'f  NorthCarohna.  and  it  is  hereby  enacled  by  ihe  authority  of  tie 
fame,  that  it  fliall  and  may  be  lawful  for  Jojiah  Collins,  Hkthotnei  AUtn  and  Samuel  Dickenjon,  and  their  heirs  and  al- 
ligns,  to  carry  on  the  canal  which  they  have  lately  began  from  Scuppernong  river  by  the  molt  direct  or  convenient 
courle  to  Scupper »;«.;  lake.  Provided,  they  do  noc  injcre  any  utc'ul  improvements.  And  whereas  it  may  fo  happen, 
that  the  nectllary  courfe  of  the  canal  may  pal's  through  the  lands  of  pirlons  under  the  age  of  twenty. one  years,  or 
through  lone  tr:ift  the  title  of  which  may  te.<hlpuiab1'e,  and  others  may  refule  to  fell  anddifpofe. of  a.quamity  fufE- 
cicnt  for  the  paflage  of  ihe  faid  canal  : 

V .  3e  it  thir.tjie  enatled,  by  the  authority  aforefaid,  that  when  (he  direct  and  neceffary  courle  of  the  laid  canal 
fliall  jals  through  the  lands  of  any  perfon  or  perlons  und  r  the  agr  of  twenty- one  years,  or  where  the  title  is  dilpu- 
ted,  cr  where  the  owner  rcfufes  to  fell  fo  much  land  as  may  be  necefTary,  that  it  fliall  and  may  be  lawfal  for  the  laid 
johah  Collins,  A ati.-aniel  Allen,  and  Samuel  Dickinjon,  their  heirs  or  afligns  to  exhibit  their  petition  to  the  county 
court  wherein  the  landlieih.  letting  forth  the  owner  or  claimant  of  the  (aid  lands,  and  the  quamity  required  for  the 
palTapcof  the  f'id  canal,  whereupon  the  court  fl:«l!  order  the  furveyor  of  the  county,  with  fix  honeft  freeholders  by 
the  in  appointed,  to  view,  lay  oil' and  value  on  oath,  as  much  of  the  faid  land  as  fliall  be  lufficient  for  the  paflage  of  the 
faid  caual,  that  i.  to  (ay,  they  (hail  eftimate  the  value  of  a  leftion  or  fmall  (trip  of  fuch  land  of  the  breadth  of  eighty 
feet,  and  of  the  neceflary  length  according  as  the  canal  may  pafs,  and  they  ftiall  confider  what  damage  the  tract  of 
land  in  queltion  may  fill  tain  by  the  cutting  a  canal  through  it  in  the  manner propoltd  ;  and  fliall  determine  what  lum 
of  money  the  owner  or  owners  of  the  (oil  ought  to  receive  from  the  proprietors  of  tte  canal,  which  fliall  be  returned 
under  their  h»nd.  and  feals.  Provided  nevtrthelef',  that  the  (aid  owner  or  owners,  or  guardians,  flail  have  fuch 
•reafo.iabie  notice  of  fuch  petition,  and  order  as  the  court  fliall  deem  neceflary,  to  attend  at  fuch  furvey  :.nd  valu.it i. 
.en.     And  provided  alfo,  that  the  paflage  of  the  faid  canal  fliall  not  interfere  with  or  take  away   houfes,  .orchards,  or.?* 


10*7 

ther  improved  conveniences :  snd  the  petitioners  fhall  pay  down  in  court  for  rhe  lands  To  laid  off  and  obtained  the 
valuation  money,  ji!  procure  a  record  to  be  made  thereof,  wh.cn  fhall  be  a  ^ood  and  effctual  feizin  in  law  to  create 
to  the  faid  petitioners  their  heirs  and  aliigns,  a  fe«  Qmple  in  uch  lands  ;  and  'he  monies  when  paid  into  court  (hall 
be  received  by  the  clerk  and  paid  to  the  owner  or  owners,  or  guard/.in  or  guardians  in  cafe  of  infants  :  And  pryvided 
ncverthelefs,  that  the  laid  c.mal  (hall  be  cut  and  finilhed  within  ieven  years,  otherwile  fuch  !and  fo  laid  off  (hall  revert 
to  the  original  owner  or  owners  or  their  affigos  ;  any  thing  herein  contained  to  the  contrary  notwithftanding. 

Chap.  LXII.    An  additional  ad  to  an  atl,    entitled,  an  act    to  prevent  the  feveral  fpecies  of  hunting  therein  men- 
tioned.    N.  C.  L.   it  1784,  33,  p.  507. 
VT/HEREAS  many  perfone  are  guilty  of  a  fpecies  of  hunting  in  the  county  o      Cuiijord,  much  to  the  prejudice  of 
VV     many  «f  the  good  people  of  laid  county  : 
I.  Beit    enacted  by  the  General  Affembly  of the/late  0) ^North-Carolina,  and  it  is  hereby    enacled  by   the  authority  of 
the  fame,  that  from  and  after  the  palling  of  this  act,  if  any  perion  or  perlons  fhall  be  found  fettingcr  watching  in  the 
night  time  at  licks,  or  at  any  pafs  where  deer  ufually  crois,  with  gun  or  other  Hrc  arms,  in  the  faid  county  of  Guilford 
on  cenvictiouthereof,  he  or  they  io  offending  fhall  forfeit  and  pay  the  fum  of  lorry  fhiliings  with  coll,  to  be  recover, 
ed  before  any  Jaftice  for  la:d  county  where  (uch  offence  fhall  be  committed,  one  halt  to  the  informer,  the  other  half 
to  the  ufe  of  the  county  :  Provided  nevcrthelefs,  that  nothing  herein  contained  fhall  be  conftrued  lo  as  to  prevent 
perlons  hunting  *-iihin  their  own  enclofures  by  fire  light  or  otherwife. 


Chaf.  LXIIL   An  aft  to  empower  the  wardens  of  the  poor  in  the  county  c/Granville  to  fell  the  glebe  in/aid  county. 

WHEREAS  the  (aid  glebe  hath  tor.  fome  years  p.ft  been  rented  out' by  the  wardens  of  the  poor  of  the  cojnty  *. 
forefavd,   and  the  monies  ariling  therefrom  hath  been  inefficient  to  the  repairing  of  the  buildings  on  the  fame 
by  which  means- they  are  impaired  : 

i.  Be  it  therefore  eracled  by  the  General  Affembly  of  the  S.'ate  of  Ntrth-Carolina,  audit  is  herely  encBedby  the  autho- 
rity of  the  fame,  that  the  wardens  of  the  poor  in  the  laid  county,  are  hereby  authorized  and  empowered  to  (ell  and 
.  diipole  of  the  laid  glebe  and  lands  thereunto  belonging  for  eighteen  months  credit,  the  purchafer  giving  bond  with 
fufficient  fureties  for  the  payment  of  the  purchale  money,  firft  giving  one  month's  previous  notice  of  the  day  of  (ale: 
and  the  monies  arifing  from  fuch  falc,  shall  be  appropriated  to  the  ule  of  the  fakl  county  of  Granville  s  any  law  to  th« 
contrary  notwithftanding. 

Chap.  LXIV.  An  acJ/or  ereSimg  an  acadiiny  at  the  totvn  of  Warrenton  in  the  diflricl  ^Halifax. 
V  X  7HEREAS  it  is  neceflary,  efpeciaily  in  republican  governments,  to  holdforth  every  poffible  opportunity  and  en. 
V  V   couragement  to  liberal  education  : 

I.  Be  it  enacled,  by  the  General  Affembly  of  'the  State  of  North- Carolina,  and  it  is  here!  v  enacled,  by  the  authority  of 
-the  fame,  that  an  academy  be  erected  and  eftablifhed  for  the  education  of  youth,  under  the  name,  ftile  and  title 
of  the  IV*rrtnton  academy. 

IJ.  And  be  it  Jurthtr  enacled by  the  authority  aforefaid,  that  the  Rev.  Henry  Patiib,  William  R.  Davie,  Benjamin 
■Hawkins,  Nathaniel  Macon,  PliilemonHarjulin;,  IVtlliamJohnfon,  William  Duke,  Edward  Jones,  James  Miller,  Phile- 
mon Hawkins,  jun.  of  Granville,  John  Afoten,  Wyatt  Ha-ukins,  Thomas  Per/on,  Thomas  Eaton,  William  Green,  John 
Hawkins,  James  John/on,  James  GloQer  Brehon,  Nicholas  Long  and  Willie  Jones,  E'quires,  and  they  and  their  fuccef- 
fors to  be  elected  in  manner  herein  after  directed,  fliall  fer  ever  be  a  body  politic  and  corporate  in  deed  and  in  name, 
by  the  ftile  of  the  truitees  of  the  Warrenton  academy,  and  by  the  fame  name  they  and  their  fucceffors  fliall  and  may 
have  perpetual  fucceflion,  and  be  able  »nd  capable  in  law  to  receive,  take  and  enjoy  to  them  and  their  fucceffors, 
lands,  tenements,  rents  and  hereditaments  of  any  kind.,  nature,  quality  or  value,  in  fee  ;  and  alo  eltates  for  lives 
and  for  years,  and  all  futns  cf  money,  goeds,  chattels  and  things  whatfoever,  of  any  nature,  quality  or  value,  for 
building,  erecting  and  (uppcrting  the  (aid  academy,  paying  falaries  to  the  prefident,  profeffors  and  tutors  thereof; 
and  by  tne  fame  name  thev  and  their  fucceffors  (hall  and  may  be  able  to  implead  and  be  impleaded,  anfwer  and  be  an- 
fwcred  unto,  dtfend.and  be  defended,  in  all  courts  and  places,  and  before  all  Judges  and  Jultkes  whatfoever,  in  all 
actions,  pleas,  plaiuts  and  demands,  and  to  grant,  bargain,  fell  or  ailign  any  lands,  hereditaments,  tenements,  woods 
or  chattels  ;  and  to  ad  and  do  all  things  whatloever  for  the  ufe  aforefaid,  in  as  full  and  ample  manner  and  form  as  a. 
nv  natural  rerfen  or  body  politic  or  corporate  can-or  may  by  law  :  that  they  fhall  and  may  have  a  common  feal  for  the 
bufinefs  cf  them  and  their  fuccelTors,  with  liberty  to  change,  break,  alter  or  make  new  the  fame  from  time  to  time 
as  they  fkall  think  proper. 

III.  And  be  it  further  trailed,  by  the  authority- aforefaid,  that  the  faid  truitees,  or  any  feven  of  them,  fliall  have 
full  pewer  and  authority  to  meet  at  all  times  when  they  (hall  think  proper  at  Warrenton  aforefaid,  to  deliberate,  re- 
iblve  Lpon  and  carry  into  effect  the  laws  and  regulations  to  be  by  them  made  for  the  government  of  the  faid  academy 
and  fliall  have  full  power  to  fill  t;pany  vacancies  which  may  happen  in  tlie  laid  incorporated  body  of  truiiees,  by  the 
death,  relulal  to  aft,  refignaiion  or  removal  out  of  the  lt^te  of  any  of  its  members  ;  and  the  perfons  appointed  to  hi! 
fuch  vacancies,  fliall  be  aDd  they  are  hereby  declared  to  have  the  fame  power  and  privileges  as  the  trulteei  named-in 
.and  by  this  act. 


283 

IV.  And  be  '•  father  'ntcledhy  the  autho-'y  aforepiifii  that  the  faid  trufteps  or  a  majority  of  them,  be  and  they, 
are  herebjj  authoirj  id  an  I  t  .;■■  p  vtrefl  town  ne  ai  Wdrrenton  at  any  time  after  the  palling  of  'his  aft,  and  then  and 
,he'  L'  ca  '  '  I  conftitue  by  tomm  Uion  in  w  ifmg  cmdei  the  ■  hai  ds,  or  the  hands  of  a  majority  of  them,,  and  ie-aied- 
v.uh  ibe  common  li  al  of  tie  cnrpoianon*;  a  pn  p  r  perfori  t<  pr<  fide  at  the  laid  academy,  who  ihall  be  a  truitet  dur- 
ing \\Xi  tfaujfi  jince  in  ioffice,  and -  reftt&r  with  the  lame  powers,  pi ivifedges and  authorities  as  any  truftee  named  ia 
and  by  fhh  aft  ;  and  Inch  prefident,  at  d  rue  trn(tee3  (r  theif  fuccefTors,  or  any  'even  of    them,    at  ail  omer  times 

''  thereafter  wnen  met  together  is  the  faid  to  noi  iV.i-:  enton,  ihi'ii  have  full  power  and  authority  to  elect  and  conftii 
tute  one  or  more  proieil'ors  or  tutors,  a  lecreary,  ;re  ilurer  and  lteward  ,•  and  alio  to  make  and  ordain  ftieh  laws, 
rules  and  regulations  not  repugnant  toor  inconiirtent  with  the  laws  and  cOnftirution  otthis  ftate,  for  the  weil  order. 
ing  and  governing  the  ftudents,  their  morals,  ttudies  and  academic  ..1  ex-rcifes,  a.  to  them  Ihall  i'eem  meet;  and  to 
give  certificates  to  Inch  ftudenti  as  (hall  leave  the  laid  academy,  certifying  hi  ir  literary  merit  and  progrefs  they  mall 
have  made  in  ufeful  knowledge,  in  general  they  ihaii  and  may  do  all  fetch  thing's  as  are  ufuaHy  do\\p.  b\  bodies  corpo- 
rate and  politic,  or  fuch  aa  may  be  neceflary  For  me  promotion  of.Ic'aming  and  virtue.  Provid  d,  thai  i!,ey  thai] 
not  on  any  account  grant  degrees  or  titles,  fuch  as  batctielor  or  maiter  oi  arts,  or  doctor  in  any  faculty. 

V.  And  be  it  further  ernicled,  by  the  authority  afore/aid,  that  tie  laid  trolteesor  a  majority  of  them  are  hereby  autho- 
rized and  declared  to  have  po.ver  to  remove  or  displace  the  pr.lidcr.1.,  piolciTors  or  tutors,  i  he  fecretary,-  neaturer  or 
fteward,  or  any  of  ihem,  if  they  mail  find  it  necefla'ry,  and  appoint  o;..ers  in  their  head  ;  and  in  cafe  of  the  death, 
rdignaiion  or  refufai  to  ail  of  the  pr<  lident,  on  any  of  the  Paid  profettors  or  tutor',  the  (ecreiarv,  trexfmer  or  ltew. 
ard,  others  Ihall  be  elecled  by  fuch  tiuftees  in  the  room  and  ltead  of  thole  dead,  rtiigning  or  refufyig  to  act. 

Vi.  rfnd  be  it  further  enacled  by  the  authority  afrc'aid,  that  every  treafurex  appointed  by  tin;  truftees  aforefaid., 
fl.ah  previous  to  the  entering  upon  his  office,  enter  into  bond  in  the  fum  oi  rive  tt.ouiand  pounds  ;  a.abie  to  rue  truf- 
tees aforefaid,  conditioned  for  tne  faithful  dilcliaige  of  his  efFice  and  the  trtdf  repoled  in  him;  and  tuat  all  monies 
and  cfutdes  belonging  to  the  laid  corporation,  which  Ihail  be  in  his  lards  dt  the  expiration  t  f  li  is  oitice,  lh  >il  then  be 
immediately  paid  and  delivered  inco  the  hands  of  his  fucceflbr  in  office  ;  and  every  treafuyer  Ihall  reeeive  all  monies, 
c'onations,  gifts,  bequefts  and  charities  whatsoever  that  may  belr.ig  or  accrue  to  the  fold  academy  during  his  officr, 
and  at  the  expiration  thereof  Ihall  account  with  the  trullees  for  the  lame  ;  and  on  his  neglect  or  refulal  to  pay  and 
deliver  to  his  furcelforas  aforefaid  the  monies  and  chatties  in  his  hands,  trie  fame  mode  of  recovery  ihall  and  may  be 
had  agaihfthim,  as  is  or  may  be  had  for  the  recover)  of  monies  from  the  fheriffs  or  other  perions  chargeable  with 
pn  blic  monies. 

VII.  c>  VIII-  Cb/olete.  '     . 

IX.  And  be  it  enabled,  that  nothing  herein  contained-  (hai!  be  confhued  fo  it  to  make  this  one  of  the  academic fcrnen* 
ticned  in  the  conlhtutiou  of  this  Hate. 

Chap.  LXVI.  An  acl  to  enable  William  Moore,  Lite  fhe>  iff  of  H-ewke  coat  !y,  to  yelk 8.  ell  fbe  taxes  due  from  the  faid 
couHty  for  theyear  one  thoujandftv.en  hundred  and  .  ghty  J.vet  ai  d  to  allow  him  a  further  time  ft  fettling  for   hit   cap 
tetliom  with  the  treafur^  r. 
It    pE  ir  enaaed,  by  the  General  Affemhly    of  the  State  or'  Norrh-.Carolina,  an  I  it  is  hereby  enacled,  by  the  Jut  h-,. 
\_}  rtty  of  the  feme,  that  William  .1  loere,  laie  (hei  ili'of  But  '<'  corny,    ihall    e  allowed  tHitil  the  firf-t   day    of  May 
next,    to  fettle  for  his  collections  of  public  taxei  due  lor  the  j  :;;r  pac  tho  da'nd  feven  hundred  and  eighty  five  with  the 
trealurer  of.this  ftate,  and  in  tne  mean. time  the  ti  eaiurer  in  -ii  forbear  to  commence  any  ailion    for    fuch  collection, 
and  to  fulpehd  thi  progrefs  of  all  (uch  as  have  been  aheady  brought  tor  laid  taxes,  agamit  the  fa  d  Moonfi- 

II.  And  be  it  further  enjfled,  that  the  l.rd  Moore  fhail  be,  ard  he  is  hereby  atuhoriled  ro  <odect  all  the.  laid  taxes 
yet  du2  for  the  year  aforefaid,  from  the  inhabitants  ol  the  faid  county,  and  to  that  end  Ihall  hive  and  be  inveftetJ  with 
the  fame  powers  and  authorities,  as  to  the  collection  of  and  diftrainfiig  for  the  fame,  as  coi  lectors  of  p -b  ic  taxes  are 
inverted  with  by.  the  laws  of  this  ftate,  and  Ihall  be  allowed  f<>r  luch  collectiou  and  payment  oi  the  monies  into  the  pub- 
lic  treafurv',    on  or  before  the  faid  hrii  day  of  May  next,  a  commiffion  of  two  and  an  haii  per  cent. 


Chap.  LXVII.  An  eel  fr  tJhiblU'.r.g  an  academy  a!  the  place  heretofore  called  Maryborough,  in  the  coio.ty  of  Put  ; 
iindjor  altering  the  name  of  Martinboroug;h  to  thai  c/Greenelviile. 

\T7H£REAJ> liberal  fubferiptwas  h.vs  bee  .  made,  and  a  prolpect  ot  conliderable  additions  towards  cfbblifhing  a 
V  feminary  of  learning  at  Greenefiiiile.  lately  called  Mmrtinborbugk,  in  the  county  cf  Fitt  :   acd  whereas  th^J  pro- 
per education  of  youth  i>  eflential  to  the  happ  nefs  aud  proipeiity  ol  every  community,  ai.d  therefore  worthy  the  at- 

t :Beil  cna3  -d  by  the  General  -IfTembh  tf  the  State  of  North  Carolina,  audit  is  hereby  eru.Sted,  bv  the  authority  of  the 
fa  ne    that  an  academy  Ue  ere :-U  d  and  eltabiifhed  at  Creenejvtlle,  in  Pitt  county,  for  the  education  ot  youth,  under  the 

II  4*d  be  it  further  enaHtol,  by  the  authority  afortfid,  that  Richard  Cafivell,  Hufh  Will'emfcr.,  Wiliiam  Flurit, 
lohnSimpfon  James  Arm/bang,  Ja<nes  Garkon,  JohnHawkei,  John  Williams,  Robert  IV illians,  Arthur,  torhes^  Beifja. 
nun  Moy  Jihn  /i/oyand  Reading  Blount,  and  thev  and  cheir  fncccflow  to  he  elected  in  manner  herein  after  directed, 
lhaji  lor  t*-'<-  he  a  body  poiiac  and  corporate  in  deeu  and  in  iume,  by  the  itile  of  ihe  truftees  of  the  Pitt  acaderfiy, 


i?9 
at!   kv  tV?  fan!  run:  they  wl  rteir  f;icce!T)»s  Swll   »rad  may    hive  perrfefusl  fifceeffiors  and  't  a'^'eand  (a 
law  to  receive,  take,  an    cijoy  to  them  and  theie  fuceelTcrs,  la. .da.   uneioeftM,  nnts  and  hcred:  a    tins    -  i    ny  .      h 
nature,  qud  ty  or  value,  iq  fee  ;  and  ado  edates  Jor  lives  aijd  for  years,  aid  .ill  i  _.jis  ol  moiiey,  joccs,  c:>at..  !s  <  i.J 
things  whatloever,  of  any  nature,  q/.nhty  or  value,  tor  balding,  erect  ng  and    (upper  ting  the  1  tid   academy,  paying 
1.  hne>  to  tae  p-eiida  ;.-,  protelfors  and  tut ors  thereof  ;  and  by  tne  fame  name  they  and  their  fucceftbrs    (hall  and   -    y 
be  tble*  to  implead  and.be impleaded,  afifwer  and  be  auf*  ertd  unto,  defend  and  be  defended,  in  all  courts   and       i- 
ces,  a  id  bsibr*  a  I  J  i  Ige's  an  J  Jultice  a  wharfoever,  in  a!,  acri  ms,   |  leas,  pi  <int^  ant!  demands,  ana  to  j'rar.t,  b 
fell  or  allien  anv  lauds,  hereditament*,  teneaientsj   gojds  or  cha  t  is  ,  and  to a&  and  do  all  thing  wrhufoever  f< 
ufe  aforefa.d,  .  i  as  full  and  ample  manner  and    o  m  as  apj  natural  perfon  or  body  politic    r  corporate  ran  cr  may  by 
law  :   that  they  ill  d!  and  may  have  a  common  fe.d  fur  thqibjjlinefs  of  them  and  their  iuccella  s,  wi.h  liberty  to  change 
break,  al'er  or  m  >ke  new  the  fan?  f  o;n  time  to  time  as  the/  lha  1  think  [roper. 

Ili.  And be it  further  enabled,  by  th$  authority  eforej aid  that  t  ,e  laid  truit-es,  or  any  five  or  more  cf  them,  fhali 
hive  full  po.ver  andauthority  to  meet  at  aii  timj-s  ••.h  n  the.  Ihall  think  proper  at  the  laid  academy,  todeliberate,  re- 
folv.  upon  and  cirr>  into ,effeft  th.2  laws  and  tegulanons  to  be  by  the.n  :n  i  tie  for  the  government  of  the  faid  academy, 
and  (hall  have  full  po.ver  to  nil  ui  any  vacancies  w-hich  may  happen  in  the  'aid  incorporated  bodv  of  truftees,  bv  the 
death,  refu'al  to  aft,  refignation.  or  removal  otit  ot  Me  ft*  e  of  a  y  of  its  members  ;  and  the  perfons  appointed  to  fill 
fuc'n  vacaric  i  ,  (hall  be  and  they  are  hereby  declared  to  hav.:  the  ia:ne  power  and  privilege .  a  the  trusses  nsbed  n  and 
by  this  act. 

IV.  Ana*  be  it  further  matted,  by  the  authority  a!'.r.  Vid,  that  the  faid  truftees  or  a  majority  cf  them  be  and  they 
are  hereby  a  it  horded  and  empowered  to  convene  at  Orecn  fall  ,  en  he  firii  Ai.tt  'ay  ih  April  next  after  the  pilling  of 
thisact,  and  then  a..d  there  elect  and  ccnftituteb)  con-million  in  wr  ting  u  der  their  hsliids,  oi  the  hands  of  a  majo- 
rity of  them,  andfeaied  with  the  common  fcal  ol  the  corporation,  a  proper  perfon  to  prefide  at  the  faid  academy  who 
fti:i!I  be  a  truiiee  during  his  continuance  in  office,  and  \efled  with  the  fame  [  ov  e.  ?.,  \  rivjteges  a»-cl  autr  critics  as  any 
truftee  in  ned  in  and  by  tnis  act  ;  and  iuchprefident,  and  the  truftees  or  tbeir  iucceffbrs>  or  any  Mve  or  more  of  them, 
at  all  other  times  thereafter  when  has  i  tagethef  it  d  t  ne/'ville,  (hall  inv  :  full  power  and  audio  i  y  to  elect  and  con- 
ftitute  one  or  more  profeflora  or  tutors,  a  fecretary,  treafurer  and  lie  ward  ;  ai.d  r.lfj  tj  make  ai  d  ordain  fuch  lai-s 
ru.'es  and  legulations  act  repugnant  t  i  or  inconfiftent  with  the  laws  of  tins  fta:e,  for  the  well  ordering  and  governing 
trie  ftudents,  their  morals,  ftudie>anu  acadeni  qal  exnof.s  as  to  them  fliali  lee  <i  meet  ;  and  togive  certificates  tofucii 
ftudehts  as  fliali  leave  the  faid  academy,  certifying  their- literary  merit  and  pfogrels'they  fliali  have  n  ade  in  uie:u! 
knowledge,  in  genera!  they  ihul  ana  may  do  all  Inch  things  as  are  ufualiy  done  by  bodies  corporate  and  politic,  or 
fuch  as  may  be  i.eceCTary  for  the  promotion  o:  learning  and  virtue.  Provided,  that  nothing  lierein  contained  flvdl  be 
conftrued  fo  as  to  authorise  tire  la  d  truftei  a  to  grunt  degrees  of  eidier  battheior  cr  maiier  of  arts,  or  of  docVr  in  any 
facufry.  "  ; 

V.  And  be  it  further  enadied,  by  the  aittboi  ity  afore/aid,  that  the  fiid  truftees  or  a  majority  cf  them  are  hereby  a't. 
thorifed  and  declared  to  hive  pow  er  to  remoyp  or  difplace  the  pr of e flora  or  tutor*,  the  lecretary,  tr-afurer  and  fie.v- 
ard,  or  any  of  them,  if  they  Ihall  find  it  necefiary,  and  appoint  otliers  in  their kead  ;  a;:d  in  cafe  of  the  death,  refif- 
natiou  or  refu'al  to  act  oi  th;  prefident,  or  any  of  the  laid  profefiors  or  tu  ors,  the  Secretary,  treafui  er  or  ifeward  o- 
thers  fh.il  be  ekctcd  by  fach  tru.tees  in  the  room  and  (read  cf  thois  dead,  refi/ning  or  refufing  to  act. 

.  VI.  Andbeit  furtbei  etu.ciid,  by  the  authority  ajorefdid,  thit  every  .treafurer  appp'ki'.ed  by  the  trufteea  aforefaid, 
ffiall  previous  to  his  entering  upon  his  office,  enter  into  bond  in  the  i'um  of  o  ,e  dioufiind  pojnds  payable  to  the  truf- 
tees aforefaid,  conditioned  for  t'ne  faithful  effcharge  of  his  faid  office  and  the  trult  repofed  in  him  ;  and  that  ail  mo- 
nics  and  chattels  b  longing  to  the  faid  corporation,  which  ihall  be  in  his  hands  at  the  expiration  oi  his  office,  ihall  then 
beim  nediately  paid  and  delivered  into  the  hands  of  his  fucceflbr  in  office  ;  and  every  treafurer  thall  receive  all  mo- 
nies, donations,  guts,  beqieds  an!  charities  whatfoever  thai  may  belong  or  accrue  to  the  laid  acidcmy  during  his 
offic:,  and  at  ihe  expiration  thereof  Ihall  account  with  the  truftees  for  the  fame  ;  and  on  hs  negletl  or  refufal  t.)  pay 
and  deliver  to  his  fucceflor  as  aforefaid  the  monies  aid  chattels  in  his  hands,  the  fame  mode  of  re-.o  ery  ihall  arid  ni.i/ 
be  h  id  ag  unit  him,  as  is  or  may  b3  had  for  the  recovery  of  monies  from  fheiids  or  other  pe.-fons  cha;  gtaale  with  pub- 
lic monies. 

VII.  //;/  /  be  it  further  en  ^ei,  by  the  authority  afotefaid,  that  nothing  in  this  acl  (hall  be  conftrued  fo  prevent  the 
truilee-s  from  drflin^iiflvng  h:  public  hall  or  thnr  i'brary  by  the  name  o^"  fuch  pefons,  who  may  wi.hin  two  year* 
from  the  fa,d  hit:  Monday  m  April  next  make  the  mott  liberal  donations  to  the  'aid  academy  :  fi  ond^d  #evertbelefit 
that  this  femihary  Ihall  not  be  conftrued  one  of  thoUi  mentioned  «r  intended  by  the  coi  ftitution. 

VIII.  <\nd  be  it  further  tt.a.'led  by  the  aut,wi:y  aforef.id,  that  the  lajratewn  heretofore  known  and  called  by  the 
name  of  j.'a-twhorough,  'hail  be  hereafter  called  by  the  name  of  Creen-Jviil ■  ;  and  that  all  law s  which  re'pecf  the 
laid  town  by  the  firlt  mentioned  name,  and  all  records  and  proceccTTngs  oi  whatever  natuie  vhic'i  have  been  hereto- 
fore made,  had  er  done  under  the  faid  firft  mentioned  name,  Qiall  ue  to  all  intents  and  p  irpofe^.  as  valid  a.  d  effectu- 
al m  law,  as  if  the  name  ot  the  faid  town  hid  :;ot  been  changed  •  any  ufage  or  aiilom  to  the  eo..t;ary  i.o.witnui.il- 
ings 

B.3 


19s  , 

Ciia».  LXVIII.  An  0$  for  the prvmthn  of  learnt  *g  in  the county  (/Chatham. 

WHEREAS  the  elUMilkng  an  academy  in  the  laid  county  for  die  education  of  voath  will  be  attended  vith  m». 
ny  advantages,  and  h  kg  an  healthy  Gtuation  and  previfiicns  cheap,  ftudeots  may  be  genteely  accomodated  at 
a  moderate  expence  ;  and  lome  provifion  bemg  already  made  for  inch  an  inititut>or. 

I.  Be  it  entiled  by  the  General  Ajfembly  of  the  State  of  North  Carolina,  and  it  is  hereby  enatled  ly  the  authority  of  the 
fame,  that  dadtor  Jume s  White,  John  Williams,  attorney  ai  la w  of  Ghbiham,  James  Ander! on,  Cto>ge  Lucas,  Mat- 
thew Janes  John  Montgomery,  John  %py lor ,  Patrick  St.  Lawrence,  dq&er  James  Servant  Jones,  and  Ambrofe  Rum- 
ley,  Efquire  lhall  be  and  they  are  hereby  declared  to  be  a  body  politic  and  coiporate,  to  be  known  and  Oilbnguilh. 
ed  by  tue  title  of  the  trulieesof  Ptilfiioroitqh  academy,  (hall  have  perpetual  fuccrilioa  and  a  common  leal  ;  and  that  the 
laid  truitees  and  their  iucceffjrs  by  the  name  aforefaid,  and  their  lucceiTbrs  or  a  majority  of  them,  (lull  be  able  and 
cjpable  in  law,  to  take,  demand,  receive  and  pofkfs  all  monies,  goods  and  chattels  that  lhall  be  given  them  for  the 
ufe  of  the  faid  academy,  and  the  fame  apply  according  to  the  will  of  the  donors  ;  and  by  gift,  purchafeor  devife,  to 
take  have  receive,  poflei'i,  enjoy  and  retain  to  them  and  their  iutcclibis  for  ever,  any  lands,  rents,  tenements  or 
hereditaments,  of  what  kind,  nature  or  quality  foever  the  fame  may  be,  in  fptcial  tnift  and  confidence  that  the  lame 
or  the  profits  thereof  lhall  be  applied  to  and  for  the  tries  and  purpofes  o'  etbblifhing  and  endowing  the  faid  academy, 
building  or  purchaiing  a  convenient  houfe,  pur  chafing  a  library  and  philosophical  apparatus,  and  lupporting  and  pay. 
ina-the.  fajaries  of  fitch  number  of  prrfeflors  and  turors  as  to  them  mall  leem  necefi'  ry. 

II.  And  be  it  further  enatled,  iy  the  'authority  aforefaii,  that  the  faid  truitees  or  a  majority  Dftheai,  fli  i!'  and  theyare 
hereby  authorifed  to  choole  a  pri  lident,  treafurer  and  lecr-etary  out  ol  their  own  body  ;  they  may  alio  choofe  profef- 
fors  and  tutors  for  the  academy,  and  :he  fame  may  remove  ai  pleafure  ;  and  they  mail  have  authority  to  make  bye 
liws  for  the  government  and  icgulation  of  the  academy,  and  the  lame  to  alter  and  amend.  Provided  mverthclyst 
that  fuch  la\\s  lhali  cot  be  repugnant  to  the  la*  s  of  thh  (lite,  their  morals,  fludies  and  academical  exerciles  a<  to 
them  (hall  leem  meet  ;  and  to  gyre  certificates  to  Inch  (rodents  asfn  ill  leav.  the  laid  academy,  certifying  their  lirera- 
iy  merit  and  progrels  of  uftf ul  knowledge  ;  and  further,  that  on  death,  refignation,  ierufal  to  aft  or  iniftondoft,  of 
either  proft  Ours  or  tutors,  the  fecretary,  treafurcr  or  fie  ward,  others  fhall  be  elected  in  their  room  and  fte'ad,  a 
majority  of  the  truitees  agreeing  thereto. 

III.  And  be  it  further  entitled,  by  t fie  authority  afore/aid,  that  the  treafurcr  of  thi  (aid  board  of  truflccs  fhall  enter 
into  bond  and  fecurity  to  the  truUets,  conditioned  for  the  faithful  discharge  of  the-  trull  repoied  in  him  by  this  aft  ; 
and  that  all  monirs  and  chattels  that  fhall  be  in  his  hands  at  the  expiration  of  hit  office,  fhall  be  immediately  paid  into 
the  hands  of  the  fucceed  ng  treafurer  ;  and  every <rreafurer  (hall  receive ah*  monies,  donations,  gifts  and  charities 
that  may  belong  or  accrue  to  faid  academy  during  his  Hike,  and  at  ;he  expiration  thereof  lhall  account  with  the  truf . 
tees  or  a  majority  of  them  for  the  fame,  and  on  refufil  or  negleft  to  pr.y  and  deliver  as  afdreiaid,  the  fame  mode  of 
recovery  may  be  had  againft  him  as  i  or  may  be  provided  lor  the  recovery  of  money  from  fberiilV  or  other  public  of- 
ficers. 

IV.  find  be  it  further  enaclid,  by  the  au'h'.rily  ajorefaid,  that  if  any  trnfiee /ball  uegleft  attending  at  the  ffatfd 
meetings  01  the  board  for  the  (pace  of  two  years,  cr  it  zv.y  el  t'.tm  (hall-die  or  othtu  lie  i<fi.  n  hisoffice,  the  remain. 
jug  trmtees  or  a  majority  of  them,  fhall  at  their  next  meeting  chooie  ai  other  trutfee  in  the  room  of  tlve  perfon  thus 
negVfting  his  duty,  dying  or  retigning  his  office. 

V.  Audit  it  futthtr  enabled,  bythi  authority  ai  be  if  aid,  that  i  he  trnfleesby  this  aft  appointed  or  a  majority  of  them, 
fhall  meet  annually  on  the  hilt  Monday  in  February  beach  and  every  year,  or  at  my  other  time  they  may  think  more 
convenxiu,  ai  d  elect  a  proper  perfon  out  of  'heir  u\\  a  body  to  prefide  for  the  term  of  cine  year,  who  may  convene 
the  truliees  at  any  time  he  may  rir.d  it  necefTary.  Provided  always,  that  he  (lull  give  ten  days  previous  notice  of  fuch 
meetings;  anJ  that  the  preGdent  and  treafurcr  fhall  be  cliolen  6ri  the  laid firfl  M.r.Aay  in  February  unlefs  in  cafes  of 
unavoidable  accident-.  Provided,  that  nothing  herein  contained  fhali I  be  cor.ftrued  or  utiderltood  fo  as  to  make  the 
academy  hereby  eftabliflied,  one  ol  thole  met  tioneJ  in  the  eofifiito-tidn  of  this  ilate. 

Chap.   LX1X.   An  u8t  to  v  ft  in  truHecs  certain  po-urrs  for  the  benefit  (/"Elizabeth  Tarrens  aid her  children. 

WllhJlE/sS  t.ie  court  of  pleas  and  quarter  lY-lfion,  for  Dobbs  county  hi"h  been  pleafed  10  i>,rant  for  'he  benefit  of 
Elizabeth  Torrent  and  her  children,  a  pertain  portion  cfroai  and  pertonal  eftar/e  bf  Thomas'  Tirr 'ens',  fugi  ri'rd 
to  have  been  conBfc  itcd,  and  the  order  of  the  laid  court  not  hav  ;  ;>*eu  fufficiently  expbet  in  declaration  of  ttie  u!e 
or  appointing  the  irull  ;   to  prevent  5ncon,veniency  and  confnlion  i hat  may  t herefrom -arife  : 

I,  Beit  entiled,  by  the  General  .■'■fmt'y  of  the  liateof  NerJi  Carolina,  Mnd'it  'u  hir.iy  cnafiedbv  the  avthnty  of  the 
f.ime ,  that  James  Kenan,  John  M(d}on,  and  James  Samp/on,  be  ai  d  they  are  hereby  appointed  iruffee;  lor  the  pm  po- 
les of  laying  oifoiie  third  part  ol  the  perfdnal  eitate  granted  ^s  afot(  faid,  for  the  fo!e  benefit  of  Elizabeth  7 on  ens,  the 
remainder  to  be  for  the  fole  benefit  of  h£r  children.  &f(A  the  (aid  Elizabeth  having  relinqurfhed  lier  right  in  the 
lands  granted  as  afocefaid  to  her  child i en. 

II.  B  ■  'it  further  enacted,  that  rhe  faid  trtrftces  ffiall  hare  pc*-er  and  authority  Jo  to  ufe  the  fame  as  fo  them  rnsy 
feem  nioff  fitting;  to  promote  iheir  improvements  for  ih«  benefit  of  the  laid  children  ;  or  if  it  lhould  appear  to  them 
conducive  to  th:  advantage  of  their  trult,  to  fell  the  laid  lands  lorthe  purchafeof  otiiers  vf  greater  or  equal  worth  t» 
the  laid  children. 

II T.  And  be  it  further  oiacl.  d,  by  the  (-uthorily  ajortfaid,  that  the  truftecfr  aforefaid  or  a  majority  of  them,    before 


m 

<n".erin«  on  the  execution  rf  their  frim,  fl-all  take  the  following  oath,  i>'r.  «' 1  A.B.  having  been  appointed  by  the  'Je- 
"  n  >  al  Affembly  *  trufleef.  r  ihe  pu  ff  fe  of  -nin  »ging  the  eft  at  t  red  and  fe>-fona:  f  ranted  by  the  court  of  j  Is,  s  and an*  ter 
"  :■ Ir.ont  bfDobbs  county,  fo:-  th<~  i<h  rf  E  izabeth  Torrens  and  her  children,  do  Jtv  ar  that  I  wiU  truly,  fatthfuuy  atd 
u  imp  irtialh  manage  the  fume,  agreeablyt*  the  pcraiersin  me  vejred,  according  to  the  be/}  of  my  knowledge  and  ability.  S» 
*'   help  in?  God" 

IV.  And  be  it  further  ensiled by  the  authority  aforefaid,  that  the  faid  triiftees  before  entering  into  the  execution  of 
the  faitl  :rult,  QiaU  enter  into  a  joint  ands  fevera',  b.-nd  to  the  chairman  of  Duplin  court,  in  the  lum  of  five  thoufand 
pounds  for  the  ule  ci  Elizabeth  Torrens  and  her  children,  to  be  Toid  on  condition  of  the  cqu  table  difcharge  of  their  fad 
trull  and  fliall  make  return  of  sll  their  proceeding's  to  the  laid  court  of  Duplin  ;  which  is  hereby  declared  to  have  (uch. 
fuperintending  powers  in  the  premifes  over  the  proceedings  of  the  faid  truftees  as  they  excrcife  in  cafts  of  orphans 
guariians. 

Chap.  LXX,  An  ail  for  cutting  a  caralfrom  Currituck  round  to  the  Indian  Kid^e,  and  from  then:e  to  the  head  o/"  North 

river,  or  es  jar  as  the  commiffioners  herein  named  Jl.'uil  think  p roper. 
I.  T>E  it  mailed,  by  the  Cenei  a!  Affembly  rf  the  State  of  North  Carolina,  and  it  is  hereby  entiled,  by  the  authority  of 
vS  the  li'ne  that  Thomas  Tounghufbands,  William  Mound,  Thomas  Merc tf,  fca.  HiUe'ry  Simmons,  William  Ferebe, 
7  mes  Dauee  and  Jofeph  Ferebe,  be  and  they  are  hereby  au;horile«i  and  appointed  comnnffioners  to  lay  clFand  cut  a 
canaL  beginning  at  the  found  fide  near  Currituck  court-houfe,  from  thence  a  flrait  couife  as  near  as  polfible  to  the 
Indian  ridsre  to  interfecl  the  new  road  that  leads  to  Cambden  county,  from  thence  to  the  Piwrtb  river  nearly  as  the  faid 
road  runs,  or  as  the  alorel*  d  commillioners  (hall  think  proper. 

II  t'rd  be  it  further  cnaclei,  by  the  authority  aforefaid,  that  ic  fliall  and  may  be  lawful  fir  the  above  mentioned 
xo tnmiffionei  1  to  foe  for  and  receive  all  fums  ef  money  that  is  or  hereafter  may  be  fubferibed  for  the  purpofe  of  cut- 
tin"'  the  f  lid  canal. 

]\[.  And  be  it  further  entiled,  by  the  authority  afore fa'd,  that  it  fhall  and  may  be  lawful  for  the  faid  commiflioners-, 
-md  thev  are  hereby  author  led  and  empowered,  to  cut  the  faid  canal  throuph  the  land  <f  any  perfon  being  a  fublcri- 
ber  to  the  fame,  where  it  jhali  be  Decenary  to  carry  the  fame  ;  any  law,  mfagc  or  cuflom  to  the  contiary  notwith- 
ilandinc  :  PfW  idtd  nevarthelefi,  that  all  damages  occafioned  by  cutting  the  laid  canJ  through  the  lands  of  any  peifon, 
fhall  be  valued  by*the  coutry  court,  or  three  freeholders  on  oath,  to  be  chofen  by  the  court,  which  value  fliall  be 
paid  to  the  proprietors  of  filch  land  fey  the  commillioners  beiore  mentioned. 

IV.  Ana  be  it  further  enacled  by  the  authority  aforefaidt  that  it  lhall  n#t  be  lawful  for  any  perfon  or  perfons  whatfo- 
uaver  to  cut  any  ditch  or  carul  into  the  atorelaid  canal  without  the  confentof  the  commiffioners  aforefaid,  or  a  majo- 
rity of  theoij  under  ate  penalty  of  one  hundred  pounds,  to  be  recovered  by  the  faid  cotnmiifioners,  before  any  court 
of  record  having  co  niza  ce  tl  1 1  eof,  and  to  be  by  them  applied  to  the  y>\  rpole  of  k  cp  ng  in  rej  air  ihe  aforefaid  canal. 

V.  And be.it further entMed,  by  the  authority  aftre/aid,  tiiat  the  county  court  of  Currituck  inali  have  full  power  and 
authority  to  levy  a  teil  on  all  perlons  ptliingin  the  faid  canal  or  on  the  banks  thereof  ;  which  toll  fhall  be  collected  by 
the  coninnllioners  aforefaid,  and  a/pited  to  the  puipcfe  of  keeping  in  repair  the  aforefaid  canal ;  and  if  there  lhould 
be  any  fui  plu;,  the  fame  lhall  be  datributed  amongft  the  fubferibers  in  proportion  to  each  fubfeription. 


Chap.  LXX1.  An  c3  empowering  commiffioners  to  difpofe  of the  lands  and glebe  the  property  of 'St.  John's  purifj,  for- 
merly of  the  county  of  Bute;  no  J'  in  Franklin. 
TX  7JHEREAS  in  the  building  of  the  glebe  aforefaid  there  is  yet  a  balance  due   Robert   Coodior,    Elqtiire,    which 
W    ought  to  have  been  pad  before  the  divifion  of  Bute  county  :  and   whereas  by   the  purchafe  of  the  aforefaid 
rrlebe    ir  is    confidered  to  be  tiie  property  of  Warren  and  [ratiklin,  and  it  now  become  of  no  ule  to  either  county  : 

j.  Be  it  therefore  emiledby  ihe  General  Ajfembly  rf  the  Stale  c/"M»rth-Carclina,  and bv  the  authority  of  the  fame,  that 
Beniiet  Hill  Jidtuard  lines  and  Ivilila-n  Ranfon,  •*  ar  y  two  of  them,  be  and  they  are  hereby  appointed  commiflioners, 
witU  full  power  and  authority  to  fell  the  lands  and  glebe  aforefaid  upon  eighteen  months  credit,  thepurchafer  giving 
bond  and  fecurity  for  the  fartiiful  fierformance  thereof,  the  conr.nillioners  firft  giving  three  months  public  notice  of 
fachfale    by  advertUement  at  the  coun-honle?  of  Barren  tnd  Franklin  aforefaid. 

II.  ArJ  bt  ft  further  enaiied,  th.rt  the  coin.iuffipners  aop  limed  by  this  ad,  lhall  previous  to  the  entering  on  thebufi. 
veV.  hereto  i  itended,  givt  boi.d  and  fe,cuiity  to  the  prefiding  Juhice  of  either  the  aforefiid  counties  in  a  bond  of  two 
thoufand  pound?,  ior  the  faithful  application  oi  the  monies  aiding  from  fuch  fale,  in  the  manner  as  is  hereafter   di« 

rtcfed. 

III.  And  be  it  further  enacled.  that  the  commiflioners  a  f  r^faid  fliall,  after  their  collecling  the  monies  arifing  from 
fuch  fale  aforefaid,  firtt  pay  un  o  Robert  Goodlor  his  jufl  Otu  ahcls  agairfl  the  parilli  alorela  d  For  build. up  iheatorefaid 
glebe  and  the  refidue  lhall  be  paid  one  half  to  the  county  court  ot  Franklin,  and  the  other  half  to  ihe  county . court  of 
WaTre'n.  to  be  bj/  thetu  applied  towards  leilenm^tae  taxes  of  the  atureiaid  counties. 


*92 

Chap.   LXXII.    AncS'.ovefl  the  t'tl-  <■/ 'a  piccecr  farce! 'af/anf 'f-ptg  in [Jones'  { ouKly,  in  Kovell  En  wn  mdhU  heirs, 

in  fee  J,    [le. 
\X/HE^F;.AS  t  appears 'o  the  fitttfaction  of  this  General  Memply   that   Ho-wel  firovfri,  of  Jones    county,  on    the 

VV  eighteenth  dij  of  December,  iti  fire  year  of  our  lord  one  ttioufand  ieven  hundred  anct'ievctity  nine,  .:  i.i  pni- 
chale  ot  Durham  Leigh  of  Duplin  county,  ;i  cei  lain  piece  or  p.ircel  of  land  lying  in  Jones  county  ou  the  weii  {iu-_-  c  I  ",o- 
fiua's  creek,  containing  two  hundred  acres,  hutted  ard  bounded  a^  follows,  to  u.t,  beginning1  at  a  gum  in  "lie  edge 
of faid  creek  near '<  F.VJl/a  Biackfhear's line,  and  runs  wirh'  his  line  north  feventy-iwo  decrees  weft  one  hundred  and 
fifty  iour  poks  to  his  corner  white  oak,  then  north  eighty  degrees  weflttn  poles  to  Benjamin  Foitham's  corner  dig. 
vood,  then  with  his  line  north  fixty  three  degrees  weft  fibVt'y  four  poles,  then  north  four  degr-^er  eaft  one'hundred 
and  lixry  poles,  then  iicr.ii  eighty  nine  degrees  eaft  (t-venty  po'es  to  a  pine  in  Jojepb  k'.nj  y\  line,  then  with  Ins  ime 
louth  thiry  fix  degrees  rail  eighty-eight  poles  to  his  corner  pine,  then  with  another  ct  his  line--  ncrtn  fixty-o;  c  dp- 
grees  ealt  fifty  poles  to  h;s  corner  pine  on  the  fide  ol  (aid  creek,  then  with  the  various  ccurfes  of  the  fame  to  the  be- 
ginning ;  and  did  in  good  faith  pay  the  purchafe  money  thereof  unto  the  f.rd  Durham  Leigh,  who  fmce  the  laid  pur. 
chafe  hath  withdrawn  hiniielf  from  this  and  theUnited  States,  andattached  hitnfelf  to  the  enemie?  of  the  l.nie;  and 
his  eftate  by  law  hath  been  conflated,  and  natn  made  no  aflurance  :o  the  laid  towel  Brown  to  veil  the  laid  land  in 
liim  and  h:s  heirs  in  fee  limple  : 

_  I.  Be  it  therefore  enatltd  by  the  General  Affembly  of  the  fate  of  North.Carclina,  and  it  is  hereby  em  He  I,  h  the  auth*. 
rtty  of  the  Tame,  that  the  laid  Ihwel  Bro-jjr,  be,  and  13  hei  efcy  invelled  with  nbfolute  ri^.ht  in  fee  li.np:e  :-,t  and  to  the 
before  recited  tract  or  parcel  ol  land  containing  two  hundred  acres  aforeiaid,  in  as  lull  and  amp'e  mannt  r  as  he  would 
have  been  if  the  laid  Durham  Leigh  had  executed  to  him  a  good  and  lufiicient  title  hi  law  for  the  afortiaid  tract  cr  par- 
cel of  land  ;  any  law  to  the  contrary  noiwichitanding. 

Chap.  LXX1V.   An  at!  to  amend  an  aft  puffed at  Hilltborough  in  the  year  one  thou/and  feven  hundred  asd  eighty. fwo? 
cnlithd,   An  act  to  veil  the  title  of  a  certain  tract:  of  land  in  Rd>ert  Cummins,    p.    105. 

WHEREAS  it  is  enacted  by  the  before  recited  act  that  Robert  Cummins  of  Guiifrd  cur.ntv,  fhouid  pay  into  the 
hands  of  James  i/Martin,  John  Pe. [fly,  and  John  Giltifbi£t  commiihoners  ot  confiicated  property  lor  laid  coun- 
ty, or  any  two  of  them,  the  money  due  by  him  to  Archibald  and  John  Hamilton  for  tiie  atorelaid  tract  oi  land  in  Ipecie 
and  the  commiihoners  aforeiaid  to  make  him  a  good  and  furficien:  deed  ot  conveyance  for  thte'  fame  :  and  whereas  the 
above  commHIioufers  refigned  their  comnvihons  before  the  laid  Robert  Cummins  vvasable  to  procure  the  fpecie  to  pay 
for  the  fad  tract  oflind: 

I.  Be  it  enacted  by  the  General  Affembly  of  the  fate  of  North-Carolina,  find  it  is  hereby  enacledby  the  authority  tj        e 
fame,  thu  the  faid  Robert  Cummins  make  due  p.-ont  to  the  fati>fact'on  of  the  c.iinty  court  of  Guildford  oi  the  monies  and 

iniereft  due  to  (he  laid  Archibald  ?.nd  John  Hamilton  for  the  laid  land,  and  fhail  pay  the  la'Tte  10  Charles  Br^ce,  com- 
mifiioner  of  conri'cated  property  for  the  didnct  of  Salijburv,  that  then  and  in  that  cale  the  faid  Charles  Bruce  lhall 
make  to  the  faid  Robert  Cummins  a  good  and  fufficieot  title  to  the  faid  land,  agreeable  to  the  before  recited  act. 

II.  And  be  it  eraded,  that  fo  much  of  the  before  reciied  aft  as  comes  within  the  purview  ot  this  act,  is  hereby  re- 
pealed and  made  void. 

Chap.  LXXV.  An  ail  to  appo'nt  commiffioners  to  carry  on  and  finijh  the  public  buildings  in  the  county  of  Anfon. 

WHEREAS  lonie  of  the  commiffioners  for  carrying  on  and  fi.ihhing  the  court-houle,  prifofl  ard  docks  in  he  coun- 
ty of  Anfon,  are  fome  deid,  and  others  have  removed  out  of  the  faiJ  county,  without  effecting  the  purpolee 
for  which  they  were  appointed. 

'  I.  Be  it  therefore  enaSied  by  the  General  Affembly  of  thefmte  of  North-Carolina,  and  it  is  hereby  enacled  by  the  autho- 
rity of  the fame ;  that  fames  Marjhali,  Stephen  Par,  Jonathan  Jack/on  andThecd -rick  Webb,  be,  and  they  are  hereby 
appointed  commillioners  to  carry  on  and  hnifh  the  court-houle,  priloi  and  Hocks  in  the  faid  count/,  in  the  fame  man- 
ner and  under  the  lame  regulations  and  restrictions  that  the  former  comniflioners  were  hound  to  do  the  latre,  th  y 
firft  giving  bond  and  f-curity  to  the icourt  of  Anfon  in  tne  furu  of  five  hundred  pcunds,  conditioned  fcr  the  faithful 
difchargeof  the  duties  enjoined  by  this  act. 

II.  And  be  it  further  enaifed,  by  the  authority  oftrefeid,  that  the  comraiflioncrs  by  this  aft  appointed  flail  have  full 
power  and  authority  to  demand  andrecetve  all  films  of  money  whi:h  have  been  levied  for  the  purpole  of  ere  fling  the 
aforefaidbuUdings,  from  any  peri  On  or  perfoas  who  may  have  col'ected  or  received  the  l;nne,  and  failed  to  apply  it  to 
the  purpoles  for  which  the  fame  was  levied  ;  and  in  cafe  they  fliall  fad  or  neglect  to  pay  tne  lame,  the  commiihoners 
by  this  aft  appointed  are  hereby, au'hbrtfed  to  enter  up  Ludgment  ag^inft  fueh  perlons,  tor  the  balances  they  may 
lelpectively  owe,  in  the  fame  manner  that  the  public  ti'eafurer  is  direfted  i6  enter  up  judgment  rgainit  dehnquent 
iieriffs. 


w 


Chap.  LXXVI.   An  aft ftr  eftabiiflring  a  town  on  the  lands  0/  Andrew  Bafs. 
HER-EASit  is  reprefented  to  this  General  Aflembly  t':at  a  town  on  the  lands   of  Andre-v  Br./},  on  the  north  fide 
of  Ntuft  fiVii  in  l-f'a, >;c  couiity,  where  cbc  court-houle  and  other  public  builuiii^^  no,v   iUnd,  would  teud  t«j 


!S3 

the  promo' inn  of  conimprc?,  and  t'le  ;'fe  and  convenience  nf  the  Ir^nSit.-.nts  0f  fi'u  ccur.ty  in  attending  rrnrts  ;ihd 
other  pubic  oulinels  :  and.  the  (a#  ■•'■-'"'">''  :y  '-'V/i  having  l^giy^pd  bis  alicntby  a  certificate  under  his  hand,  to  iyfae'ftxfv. 
acres  of  aid  inn.-.!  laid  eft*  for  a  town  and  fi;  ft  en  for  commons  ; 

I.  Beit  therefore  enailedy  by  I'm  Ger.tr.  I  Af/imbly  oftheflate  i/Nju-t.h-C.-irolina,  end  il  iskere:-:  enticZ(d,  by  W autho- 
rity of  the  fame,   that  the  directors  ortviwkes  hereafter  sf;ri:K.!,    or  a  u  ajority  of  them,   fhali  as  icon  as  may  be  af- 
ter ttie  pailin^  cf  this  aJ,   caufe  Kvenry-rive  acres  of  the  land  aforrUid  ro  be  laid  oifin  lots  cf  half  an  acre   each,    with 
ccnveirent  timers,  lanes  and  alleys  ;   whicn  lots  fa  laid  off  according  to  the  direclions  cf  this  acr,  are  hereby  cpnlbtu.-. 
ted  and  erected  a  town  and  lhall  be  called  by  the  name  of  Wavjfov  oug':, 

II.  And  be  itf.o-il-er  rne.Flsd,  by  ih:  mffarifj).  rfonfiid,  tiiat  from  an.d  after  the  pa  (Ting  of  this  3<fr,  7!'iIH.v>!  M'Kin- 
rde,  fen.    Bu>-jj. it Mooring,   ly'lliium  Ji'hitf.dd,  fyfepfc  G^em.,    'William  Whitfield,    jun.  Duvid  jennegan,    jutta    Richard 

■'dihim  MlKi,::;:c,  jun.  and  !-'U:;j  ■>:  Ftih-M,  be  .\ni  they  a  re  hereby  conttituted  oireftors  and  truiiees  for  de. 
r,  bni!  ing  and  canying  on  the  laid  town  ;  and  tl,iey  lhall  Hand  feized  of  an  indelealible  efbte  in  fee  fiinple  cf 
its  1  .i  i  fe'-ency-rive  acres  of  land  to  and  for  the  ules,  intuits  and  parpefes  hereby  expreflcd  and  declared  ;  and  they 
or  a  majority  of  them  Shall  have  full  powerand  authority  to  meet  as  often  as  they  (hall  think,  recellary,  and  c^ufe  a 
pi  in  thereof  to  be  made  and  thereii)  to  inlert  a  mark  or  number  to  each  lot. ;  and  as  foon  as  the  laid  town  fliall  be 
laid  otfas  sfoief.nd,  they  and  each  of  them  (hall  have  power  to  take  (ubfcrip.tions  for  the  faid  lots  of  iiich  perfons  as  are 
Hilling  to  lubfcribe  for  them,  and  when  the  laid  directors  lhall  have  taken  luhlcriptians  for  fixiy  lots  or  upward?, 
they  lhail  appoint  a  clay,  and  give  public  notice  to  the  fublcribers  of  the  day  andplace  appointed  for  the  drawing  of 
laid  lots,  which  fliall  be  done  by  ballot  in  a  fair  and  open  manner  by  the  direction  and  in  the  pretence  of.  a  majority 
of  the  faid  diredorsat  Ic.ift  ;  and  fiach  fubferiber  lhall  be  entitled  to  the  lot  or  lots  which  lhall  be  drawn  for  him  and 
correfpond  with  the  mark  or  number  contained  in  the  plan  of  faid  towai ;  and  the  faid  directors  or  a  majority  of  them». 
lhall  make  and  execute  deeds  for  granting  and  conveying  the  faid  fixty  acres  of  land  in  half  acres  lots  as  aforefaid,  to 
the  fublcribers,  their  heirs  and  alligns  forever,  ami  alio  to  every  other  perfon  or  perfons  who  lhall  purchafe  any  other 
lot  or  lots  in  the  laid  town,  at  tha  colt  and  charges  of  the  faid  grantee  to  whom  the  laid  lot  or  lots  lhall  be  conveyed 
as  aforefaid  ;  and  every  perfon  claiming^any  lot  or  lots  by  virtue  of  any  fuch  cpnveyan.cc,.,ihall  and  may  hold  and  en- 
joy the  fame  in  fee  limple. 

III.  And  be  it  further eneSied,  by  the  authority  aforefaid,  that  each  refpective  fubferiber  for  -ny  lot  or  lots  in  the  faid 
town,  (hall  withinone  month  after  it  lhall  be  ascertained  to  whom  each  of  the  faid  Jot)  doth  belong  in  manner  herein 
before  mentioned,  pay  and  latisfv  to.  the  faid  direclo,-*  or  any  one  of  them,  the  fum  of  three  pounds  five  Ihillings  for 
each  lot  by  him  fubfenbed  for  ;  and  jn  cafe  of  the  neglect  or  refufal  of  any  fubferiber  to  pay  the.  fa;d  fum,  the  faid 
directors  Ili3il  and  may  commence  and  prol'ecute  a  fuit  or  luits  for  the  fame,  and  therein  fliall  recover  judgment  with 
cofts  of  fuit  ;  and  the  faid  directors  (hail  as  foon  as  they  receive  the  faid  money,  pay  and  fairly  unto  tfe  faid  An- 
drew Bafs,  his  heirs  or  alligns,  the  fum  of  three  pounds  for  each  lot  in  fu!)  latisfacticn  for  the  faid  lands,  and  the 
remainder  in  their  hands  lhall  be  applied  towards  defraying  the  expenses  of  laying  oft"  and  improving  the  laid  town, 
in  fjch  manner  as  a  majority  of  the  directors  lhall  think  proper.  And  for  continuing  the  lucceffion  of  the  laid  direc  - 
tors  until  the  (aid  town  lhail  be  incorporated  : 

IV.  Be  it  enacled  by  the  authority  aforefaid,  that  in  cafe  of  the  death,  refulal  to  a&  or  remcvjl  out  of  the  county 
of  any  of  the  laid  diredois,  the  furviving  directors,  or  a  majority  ot  them,  lhall  allemble  and  are  hereby  impowered 
from  time  to  time  by  inftrument  of  writing  under  their  refpecYive  hands  and  leals  to  nominate  fome  other  perfon  being 
a  freeholder  in  faid  town,  in  trie  place  of  him  fo  dying,  refufing  to  act  or  removing  ojt  of  the  county,  which  a  new 
director  io  nominated  and  appointed,  fhall  from  thenceforth  have  the  iame  powers  and  authorities  in  all  things  in  the 
matters  herein  contained,  as  if  he  had  been  expreflly  named  and  appointed  in  and  by  this  act.  Provided  neverthelefs, 
that  the  faid  Andre-jj  Bafs  lhall  have  to  his  own  ufe  a  referve  of  three  lots  of  his  own  chuting,  which  choice  lhall  be 
made  previous  to  the  day  cf  ballottirg  for  the  faid  lots. 

V.  And  be  it  further  enacled  by  the  authority  ajorefmd,  that  the  direftors  (hail  have  full  power  and  authority  to  pull 
down  any  chimney  built  of  wood  in  the  laid  town,  or  any  piazza,  or  any  other  building  of  any  kind  whatloever  thac 
may  be  made  on  any  itrest,  lane  or  alley  in  laid  town  ;  or  prevent  ftsck  of  all  kinds  \\h,tloever  from  running  ac 
large,  foas  to  interrupt  any  of  the  faid  ftreets,  lanes  or  alleys,  as  a  majority  of  them  lhall  think  proper. 

VI.  And  be  it  enacled  by  the  authority  aforcjaid,  that  the  three  acres  of  land  formerly  conveyed  for  the  purpofe  of 
building  a  court-houfe,  prifon  and  Itocks,  be  part  of  the  aforefaid  iixty  acres,  and  under  the  lame  rules  and  rellri&i- 
ons,  except  one  lot  where  the  court-houfe  now  Hands  in  faid  town,  and  one  other  where  the  commillioners  ior  bun- 
ding the  court  hotile,  prifon  and  Itocks  may  think.  necefTary  to  build  the  prifon  and  itocks  on.. 


Cha?.  LXXVII.  An  aft  to  erec?  and  eftoblijh  an  academy  in  the  county  c/~ Franklin. 

WHEREAS  the  efbblilhing  an  academy  i.i  the  faid  county  for  the  education  of  youth  will  be  attended  with  great 
advantage  to  the  (fate  in  general,  and  the  county  cf  Franklin  in  particular  ; 
I.  Be  it  therefore  enabled  by  the  General  Affembly  cf  the  State  of  North-Carolina,  and  it  is  hereby  eneBed,  hy  the  autho- 
rttyof  the  fame, .that   doctor   John   King,    William    Lancafitr,  Jofah  Love,  Benjamin  Seawrll.  Robert   Goodlow,  Robert 
B:d,  Jorden  Hill,  Francis  Taylor,  Hugh  Hays,  William  Green,  Thomas  Stokes  and  doclcr  William  raretl,   Elquires,  be 
and  they  are  hereby  ccnllituted  and  appointed  truitces,  with  full  power  and  authority  to  receive  into  their  bands  anci: 

c-3 


pc Ueffion,  ;i)l  monies  and  ether  property  wTiich  have  been  or  hereafter  may  be  futiferibed  Tor  tVp  p»i  rote  ^  e  r'n5 
an  academv  in  the  town  of  Lewifburg  in  the  county  aforefaid  by  the  name  of  Prank'.h 

and  their  fucceffors  fhall  be  able  and  capable  in  law  to  ^lk  for  iirid  demir/d,  receive  andpifi  :  "I    '      cn' 

bers  all  i'umsby  ihem  reipedively  fubfcnbbd,  and  in  c.Ue  of  reiuidi  «.-  ,.n>  <  I  f  em  io  pay  iheHttie,  10  liie  :  ;  d 
recover  by  ad;on  of  debt  or  othuw  !e,  in  the  name  of  the  truftees,  the lum  which  fuch  perfon  ft  rcfulir.]  fha'l  ha  e 
lubfcribed,  in  any  jurifdidion  ha\  ing  cognisance  thereo',  and  the  monies  when  ciSllected  and  received  to  he  apphed 
by  the  laid  truftees  or  a  majority  of  ihem  towards  paying  for  the  houfi  already  c<  nu-aded  for  to  be.  ereded  in  ti  e  wid 
town  to  contrad  with  wnd  employ  a  tutor  or  tutors,  and  to  pet  tunc  eve;  y  ad  or  thing  that  they  or  a  majority  of  them 
Ihall  think  liecefFary  and  expedient  for  the  advancement  ot  the  faid  a  Jdejny.,  and  the  prorpo  to«->  of  learning    therein. 

II.  And  be  it  further  emitted,  by  the  authority  afort/aid,  that  the  truftees  herein  before  mentioned,  fliall  previous  to 
their  enter'nic*  on  ths  execution  ot  ihe  trull  repofed  by  ih'ts  ad.  give  bond  to  t:ie  court  of  the  county,  payable  to  the 
chairman  anddiis  fucceffor,  iii  the  fum  ot  one  thouiand  pounds  ipecte,  with  condition  that  tney  Ihall  well  and  faithlu  ly 
account  for  and  apply  all  gilts,  donations,  bequefts  and  monies  which  they  may  receive  of  and  by  virtue  of  this  ad  lor 
the  purpofes  aforefaid.  _  ' 

III.  Jr.d  be  it  further  etui  fled,  by  the  authority  aforefaid,  that  if  any  of  the  trultees  by  this  ad  appointed  ihall  die, 
relul'e  to  ad  or  remove  away,  that  he  cannot  attend  the  duties  of  his  appointment,  the  remaining  trustees  niav  appoint 
another  or  others  in  his  or  their  Head,  who  ihall  exerciie  the  fame  powers  as  truftees  appointed  by  this  act,  and  when 
met  teeether  in  (rid  town  Ihall  have  power  and  authority  to  ekd  and  conliitute  one  or  more  tutor  or  tutors  and-a  trca- 
iurer  and  alio -to  make  and  ordain  iuch  rule*  and  regulations  not  repugnant  10  the  laws  of  this  ftate  for  the  well  or- 
dering of  the  ftudents,  their  morals,  lludiesand  academical  exercifes  as  to  them  (hall  feem  meet,  and  to  give  certifi- 
cates "to  fuch  lludents  as  Ihall  leave  laid  academy  certifying  tneir  literary  merit  ;  Provided,  they  (hall  not  on  any  ac- 
count confer  any  degrees  fuch  as  batchelor  or  mafter  ol  arts,  or  doctor  in  any  faculty  ;  in  general  they  ihall  and  may 
do  all  fuch  things  as  are  ufually  done  by  bodies  corporate  and  politic,  or  iuch  as  maybe  necelTary  for  the  promotion  of 
learning  and  virtus  ;  and  the  laid  trultees  or  a  majority  ot  them  are  hereby  impowered  and  fhall  have  lawful  authori- 
ty to  remo/e  the  tutor  or  tutors,  treafnrer  or  any  ot  tfefert  if  they  fliall  find  it  necelTary,  and  on  the  death,  reiignarion 
cr  refufal  to  ad  of  any  of  them,   to  appoint  and  eled  otners  in  the  ilead  of  thofe  dilplaced,  dead  or  refilling  to  ad. 

IV.  And  be  it  further  crucial,  by  the  authority  afore/Sid,  that  the  trultees  by  this  ad  appointed  cr  a  majority  of  them 
and  their  fucceflbrs,  fliall  meet  annually  on  the  Iecond  Monday  in  De>  ember  in  each  and  every  year,  or  at  any  other 
time  they  may  find  more  convenient,  and  elect  a  proper  perfon  out  of  their  own  hotly  to  preGdc  for  the  term  of  one 
year  who  may  convene  the  trultees  at  any  time  he  may  find  it  necelTary.  Provided  always,  that  he  fliall  give  ten 
days  previous  notice  of  fuch  meetings  ;  and  that  the  prelident  and  trealurer  Jhail  be  choieh  on  the  laid  Iecond  Monday 
it]  December  imlels  in  cafes  of  unavoidable  accident. 

V.  And  be  it  further  enabled,  by  tie  authority  af. re/aid,  that  the  treafurer  of  the  faid  board  of  trufiees  fliall  enter  in- 
to-bond  withfuhTciencfecuiuy  to  ihe  trultees,  cond.tioned  for  the  faithful  Jidiargeol  the  trult  repofed  in  him  by  this 
ad  •  and  that  all  monies  and  chattels  that  ihall  hi  in  his  haids  at  the  expiration  ot  his  office,  ihall  be  immediately  paid 
into  the  hands  of  the  fucceeJing  trealurer  ;  and  every  trealurer  (hill  receive  all  monies,  donations,  gifts,  bequelt&and 
charities  that  niay  belong  or  accrue  to  the  faid  academy  during  his  office,  and  at  the  expir.nien  thereof  (hall  account 
v  ith  the  nuiiees  or  a  majority  of  them  for  the  lame,  and  on  reiutal  or  neglect  to  pay  and  deliver  s>  aforefaid,  the  fame 
mode  of  recovers  may  be  nad  agaitlit  him  as  .s  or  may  be  provided  lor  the  recovery  of  money  from  ihcriffs  or  other  pub- 
lic officers. 

Chap.  LXXVIII.   An  ncl  for  ejlciblifhing  a  to-jtn  on  the  land  of 'Robert  Burton,  F.fqitire,  in  the  county  of  Granville. 

WHEREAS  it  hath  been  reprefented  to  this  General  Allsmbly  that  part  of  the  lands  ot  Robert  Burt&t,  E'quire, 
in  Granville  county,  on  tire  great  road  and  the  fork  thereof,  one  leading  from  Peter/burg  in  Virginia  to  Fayette, 
vilie  and  the  other  lrom  Hi- 1  if  ax  to  Hilijboi  ough  and  the  v  <  )!<  n>  p;;i  t  ot  this  Hate,  is  a  1>  j-h,  !  e;ijH-y  r.r*  ple;.lant 
lituation    well  watered  with  cool  retrelhing  (prints,  and  alfo  well  calculated  Jor  an. inland  manufaduring  town-: 

I.  lit  it  therefore,  enacted  by  the  General  Ajfcmtly  ofrthif //ate.,  and  it  is  hereby  enacled  by  the  authority  bfthefefoie,  that 
feventy-rive  acres-of  laud,  including  the  Itreets  and  lo's  when  the  lame  fu.i'l  be  laid  off  according  to  the  directions  ot 
this  act     be  andthe  fame  is  hereby  coaitituted,  erected  and  elt.ibhlhed  a  town,  and  (Inll  be  called  WilViamJhorough. 

.11.  And.be.it  enucledby  the  authority  ,-,/>  e/.iid,  Mat  from  and  after  the  palling  of  this  ad,  the  honorable  John  IVH» 
Hams,  Efquire,  Bromfii  Ul  Ridtey,  PhJi'non  iiaiukins,  jui).  John  Xonnrviiie,  'Thomas  Satterivhrte,  Leonard Henty  But* 
lock,  li'ihei  t  Burton,  ffowel  Le'Jbis,  Thor.nton  Tar.cy ,  HerUtel  Lcjiis,  jun.  Join  Young,  Robert  Coleman,  Samuel  .Smith 
and  Thima<  frAller,  £i quires,  bs,  atal  they  and  every  ol  them  aie  hereby  conltltuted..diredgrs and  trufiees  tor  dc- 
iigning,  building  ard  carrj  i»g  on  the. laid  town  ;  and  they  ihall  ttai.d  leizeJ  cf  an  indefealible  cftate  in  tee  in  the  faid 
Jeventy-fivc  acres  of  !a  "id  U,  ai.d  ior  the  u'c-s,  pui  poles  and  intents  hereine\pi  elfed  and  declared;  and  thc-y  or  any 
eight  of  them  (hall  have  fuil  power  and  authority  to  meei  as  of  ten  as  they  fl',,11  ihitjk  n^cefliry,  and.  to  lay  off  the  laid 
feven'tv  five  acres  of  jr.nd  into  lots  on  both  iides  of  the.la;d  road,  with  a  la:  g.*  commodious  llrtet  cf  ninety  leet  wide 
pafling  tbrongh  the -fa'd.town,  eath  lot  containing 'eheaci«e  of  lard,  awd  to  be  one  hundred  and  forty  eight  leet  in 
£i.  .lit  and  three  hi;!-ir<  ;1  feet  bsclc,  and  caufea  plqir  to*be  wade  ittid  thereon  iniert  the  marks  and  numbers  to  each 
Ioi  Pr'.Adid  r..\  eriheUfs,  thit  nothing  in  this  ad  Ihall  be  conftrueJ  or  ex'end  to  grant  power  to  the  "laid  diiecTors 
.or    their  (lucefibrs,  to  difpoie  of  fuch  lots  within  the    faid  limits  as  h«ive  heretofore  been  iold  and  difpefed  of  by  the 


*9$ 

laid  Robert  Ev'-ton,  nor  inch  *s  he  hit  referverl  for  hiiUfelf«nd  built  ibereoa,,  unlcfs  the  (aid  ffo.for  or  o-'irr  peifun  to 
whprrifafihas,foid,<hall'refiil'«tOi  "*•&'■  '  tpcomp  y.*.t'i  nis 'act  t>V  binding  on  aiKtjmproi'hjg  t  o:-j  lou  lo  h.ldor  re- 
ferved,  as  others  according  so-the  d  r  -i  u.  s  it  ■■.>.■>  ac<  ar6  bound  to  do.  And  provided  all  a,  ti»t  not  img  herein  con- 
tallied  (lull  be  couftrued  lo  as  io  > .  11  the  property  <  f  the  church  in  the  faid  lowr,  and  one  acre  of  lane  w  hereon  the 
faid  church  is  built,  iu .d^iald  Rakevt.ti'*rtm  or  an}  other;  perfon  or  perlons  holding  the  lame,  by,  from  or  uuder 
him.  ,   . 

III.  And  be  it  further  cnaRul,  by  the  authority  afar  ef aid,  that  the  faid  commifiioners  (hall  caofe  the  faid  town  to  be 
immediately  to  be  iaid  oft  into  lots,  &c  a,  herein  before,  directed,  and  (hall  and  may  take  fbhfcripiioi.s  of  inch  per- 
fons  airaay  fee  caule  to  lub'cnbc  for  the  fame  i  nt:l  the  whole  (hall  be  fubferibed  tor  ;  and  the  directors  or  a  majority 
of  them  mall  w  thin  three  months  after'the  wh'olt  lhall  be  fnblcribed  for,  appoin  .  a  tirrefor  the  meeting  of  the  faid  fub. 
fenbers  on  the  faid  land,  for  determining  the  property  ot  each  paiticular  lot,  which  lhall  be  done  by  ballot  in  a  fair 
manner  by  the  direction  and  in  the  prt  fence  ot  a  majority  of  rhc  directors  at  leatt  ,•  and  each  iubfcriber  (hall  be  enti- 
tled to  the  lot  or  Jots  which  lhall  happen  to  be  drawn  tor  him,  her  or  them,  and  correfpond  with  the  number  contain- 
ed in  the  plan  of  faid  town  ;  and  the  directors  or  a  majority  of  them,  {hall  execute  deeds  for  the  granting  and  convey- 
ing the  faid  lots  to  the  fubferibers,  their  heirs  and  afligns  forever,  and  alio  to  any  other  perfon  or  perfons  who  /hall 
purth'iTe  a  lot  or  lots  within  the  faid  town,  at  the  proper  coft  and  charges  of  the  grantee-  to  whom  the  fame  /hall  be 
convey  ed  ;  and  any  perlbri  claiming  any  lot  or  lots  by  luch  coiTveyance,  lhall  anal  may  hold  and  enjoy  the  fame  in  fee 
(imple.  Provided -neverthelefs,  thai  every  grantee  of  any  lot  or  lots  within  the  faid  town  fo  conveyed,  /lull  within 
ten  year-,  next  after  the  date  of  the  conveyance  of  tlte  fame,  ereft,  build  and  finilh  on  each  lot  lo  conveyed,  one  well 
framed  houle.fixteen  feet  fquare  at  lealt  and  ten  feet  pit'.h  in  the  clear,  or  proportionable  to  fuch  dirnenfions  if  fuck 
grantee  lhall  have  two  or  more  lots  contiguous,  with  a  brick  or  ftone  chimney  to  luch  houfe  ,  and  if  the  owner  or 
ou  ners  of  luch  lots  fliall  fail  to  purfue  and  complv  with  the  directions  by  this  aft  prel'cribed  for  building  and  finiihifeg 
a  houfe  thereon,  then  fuch  lot  or  lots  on  which  luch  haute  or  liouies  lhall  not  be  built  and  finilhed,  mall  be  revetted 
in  the  fad  directors  ;  and  the  faid  directors  or  a  majority  of  them,  may  and  they  are  hereby  empowered  and  authori- 
led'to  fell  fuch  lot  or  lots  at  public  vendue  for  the  molt  they  will  fetch,  and  to  convey  to  the  purchafer  (1  fuch  lot  or 
lots  the  fame,  in  fuch  manner  and  under  fuch  reilriftions  as  they  could  or  might  have. done  if  fuch  lot  or  lots  had  not 
before  been  fdd  or  granted. 

IV.  A'nd be  ii  ft  tlur  enacled,  that  the  faid  fubferibers  fiiall  one  month  after  it /hall  be  afcertained  to  whom  each 
cf  the  laid  h.K  doth  belong  in  maimer  herein  before  mentioned,  pav  and  fatisfy  to  the  faid  directors  the  turn  of  fin 
pounds  for  each  lot  by  him,  her  or  them  fubferibed  for  :  and  in  cafe  of  refufal  or  negieft  of  any  fubferit  er  to  piy  the 
f.i'id  fum,  the  faid.  directors  /ball  and  may  profecute  a  i'uit  in  their  name  for  the  fame,  and  therein  recover  judgment 
,',vi  h  colts  of  fuir. 

V.  /Ind  belt  further  enafled  by  the  authority  arorefa'xd,  that  all  the  monies  that  Zhall  arife  in  the  firft  in/fance  from 
the  fubfeription  for  laid  lots,  /hail  be  paid  to  the  (aid  Robert  Burton  as  a  compenfation  (or  laid  land  ;  and  that  what- 
ever monies  may  arife  from  tire  fale  of  lots  after  fold  for  want  of  complying  with  this  aft  in  improving  the  fame,  Zhall 
be  applied  by  the  directors  or  a  majority  of  them,  in  hiring  and  employing  fome  minifter  of  the  gofpel  to  pTeach  to  the 
inhabitants  of  the  laid  town.  And  for  continuing  the  fuccellion  of  the  fakl  direftors  until  the  faid  town  lhall  be  incor- 
porated  : 

VI.  Be  it  further  eneBed.  by  the  authority  ajorrfaid,  that  in  cafe  of  the  death,  refufal  to  a£t  or  removal  out  of  the 
county  of  any  of  the  (aid  director?,  the  lurviving  or  other  directors,  or  a  major  part  of  t'h-m,  (lull  aflemb'e  and  are 
hereby  impuwered  from  time  to  time  by  inftrument  of  writing  under  their  respective,  hands  mdfeals  (which  inftru- 
ment  fha'l  be  recorded  in  the  court  of  the  county)  to  nominate  and  appoint  fome  other  perfon  or  per  ons  being  aM 
inhabitant;  inhabitants,  freeholder  or  freeholder  of  the  faid  town,  in  the  place  of  him  or  them  fo  dying,  refuting 
to  act  or  removing  out  cf  the  faid  county  ;  which  new  director  or  directois,  fo  nominated  and  appointed,  fhall 
from  thenceforth  have  the  like  fowtr  and  authority  in  alHh'.ngs  and. matters  herein  contained  as  if  he  or  they  had 
been  cxt  refsly  named  and  appoimed  by  this  act. 

CHAf.  LXXIX,   An  ail  appointing  commiffioners  to  fix  en  a  convenient place  for  holding  the  courts  of  pi:  as  and  quarter 
J  e [J  ens    .n  the  cm-Mi  of  Wafhington,  aid  Icr  veft'ing  the  cpmmijfm/iers  herein  mentioned  with  full  power  to  call   out  of 

the  former  cofnmiff.ehers  hands  Inch  funis  of  money  as  may  appear  to  be  due  in  their  hands. 
J.   O  E  it  en/icled,  by  the  General  A'fembly  i  f  the  State  s/'North  Carolina,  and  it  is  hereby.  ensB;d,    by  the  authority   of 

Jl}  the  fame,  that  Benjamin  Ward,  .Rtberi  White,  hdmond  Williams,  William  A'oore,  Jo'.n. Hammer,  Robe/ 1  Love, 
and  William  Prefly,  or  a  majority  of  them,  be  and  they  are"!her^by  appointed  c  •mmillieners  to  lay  off  and  appoint 
the  place  where  the  court  houfe,  prifon  and  ftockf,  for  the  ufe  cf  the  faid  coun  y  of  li'a/hington,  fhall  be  erected  or 
caufe  the  fame  to  he  erected  :  a  id  for  defr  lyii  g  the  espenoes  of  the  fdd  building,  that  the  commiilioners  afor^- 
faid  fhall  have  full  power  and  authority  to  call  all  fuch  fitms  of  moneys  cut  of  the  hands  of  the  former  commiilioners 
their  hens,  executois,  adminiftrators  oratE-ms  that  were  heretofore  appointed  for  erecting  the  faid  buildtpgs  that 
hath  no,  been  a;  plied  to  the  ufe  aforefaid  :  and  perhaps  t.xte  may  not  be  a  fufficic  t  fum  in  tlieir  hands  to  compleat 
the  faid  i.ui'd  ngs  : 

II.  Be  it  further  emefed ,  by  the  authority  afore/aid,  that  a  tax  no'  exceeding  one  (hill  ngbe  taxed  on  each  poll  :r» 
the  /aid  county,  and  four  pence  on  each  huudrai  acres  ot  land  ,or  the  pu  pole  aforefai  i,  and  chat  the  fame  llu.lhe 


196 

collected  by  th*  fame  per-'bns  and  in  the  faiwe  minner  as  the  p'ibl'c  tax's  in  the  fad  county  are,  8n  I  noney 

fo  co  letted  (hall  be  o;  d  into  ths  hamisof  the  commiiTioners  herein  mm:, I  for  ^rectin  r  the  fed  public  bb'ritiingbj 
a  id  on  iion  payment  ot  tiis  tax  to  be  collected  in  virtue  of  this  aft  by  the  Iheriff  or  other  collector   ■  (Vd 

iheriff  or  other  collector  flul  be  liable  to  the  fame  penalties  as  for  other  public  taxes,  and  the  laid  comrnilioners 
fhall  be  entitled  to  the  lame  mode  of  recovery  againft  the  fa  id  fherirfor  otner  collector,  as  other  public  bfficera  ;;re 
entitled  to  have  again I'c  them  on  non-payment  of  the  public  taxes.  ' 

III  /Ind  be  iiftrther  enabled,  bv  t'hk  auth "  ritv  aforefaid,  that  the  fh?rifFitr  ct^er  coll- ct  or  of  the  laid  county  of. 
Washington,  is  htreby  empowered  and  directed  to  account  f.r  and  pay  the  money  b,  him  collected  for  the  purpofe 
of  building  the  aforefaid  ccurt-houfe,  prilbn  and  flocks  to  the  comniiffioners  aforefaid,  after  deducting  his  commii- 
lions  for  collecting  the  fame. 

IV.  And  be  it  further  en-tfted.  by  the  authority  aforefaid,  that  the  commiffioners  herein  before  appointed,  or  a   rr.a- 
jority  of  them,  are  hereby  empowered  and  directed  to  employ  workmen  to  build  the  courthoufe,  pr;lon  and  (locks 
in  the  faid  county  oiV/ajhington  ;  and  tne  courts  of  the  laid  county  may  beheld  atth.i  h  ufe  of  IVilOa-n  Davis  in  the 
faid  county,  until  the  court  houfe,  prifon  and  (locks  lliall  be  built  ;  unfefs  the  cours  for  the  faid   county   mav   think. 
proper  to  adjourn  to  the  appointed  pace  fooner,  and  then  all  proceis  (hall  be  returnable  agreeabl'e  to    adjournment. 

V.  Aid  be  it  aifo  entitled,  bv  the  nnlh<jrit-;  aforefaid,  th.15.  all  acts  heretofore  made,  that  come    under  the  purview  of 
his  act,  arc  hereby  made  void. 

t 

Chap.  LXX  K.  An  aft  Jar  altering  the  manner  of  holding  the  annual  ekfriont  for  the  county  of  Hyde. 
'XT7HEREAS  the  mofleidern  part  of  the  county  of  Hyde  is  at  fo  great  a  diltance  from  the  place  ot  holding  e'ecti- 
**  011s,  and  a  dangerous  paffage  by  water  of  fifty  miles  diftance  through  a  very  rude  found,  that  is  extremely 
Inconvenient  for  the  ireemen  in  the  ealtwardly  part  to  attend  the  elections  of  members  for  faid  county,  whereby 
many  perfons  are  prevented  from  giving  in  their  fuffrages  furperfous.to  reprefent  them  in  the  General  Affesnbly  : 
for  remedy  whereof, 

I.  Beit  enisled  bv  the  General  Atjembly  offhef?ateofNcrl\l  Carolini,  and 'it  i;  hereby  smEled  by  the  authority  of  the 
fame,  that  fromand  after  the  palling  of  this  act,  the  annual  elections  for  the  faidcouity  Dull  be  held  and  taken  in. 
the  following  manner,  that  is  to  fay,  the  election  (hall  begin  at  the  houfe  of  Ivlr.  jeffbrys,,  at  the  like  landing  011, 
Mattamu/keet,  the  fecond  Saturday  in  Augujt  in  every  yea'-,  and  fhall  continue  until  i'unfet  of  the  fame  day  in  man- 
ner by  law  directed,  when  the  fheriffand  the  infpeclors  lhall  feal  ui  the  ballot  boxes,  and  the  third  Saturday  in  An- 
guff  fhall  proceed  with  the  boxes  and  the  fevcral  lifts  of  voters  by  them  taken,  to  the  court-houfe  in  the  town  of 
ll'adftock,  and  on  Saturday  being  the  fecond  andlaft  day  of  the  annual  elections  throughout  tlie  (late,  the  poll  (hall 
be  opened  at  Woodftock,  the  feals  taken  off  the  ballot  bo\es,  and  the  election  continued  until  fun-fet  for  fuch  of  the  ■ 
county  electors  who  fha'tl  not  have  voted  before,  and  the  poll  (hall  be  opened  en  both  days  at  ten  o'clock  j  any  la  n 
to  the  contrary  notwithftandiitg. 

II.  And  be  it  further  eriatted  iythe  authority  aforefnd,  that  the  electors  of  the  faid  county  as  may  think  proper,  may 
ji\*e  their  votes  on  the  firlt  day  of  the  election  at  the  houfe  of  Mr-  Jejferys,  at  the  lake  landing  ;  and  all  fuch  elect- 
ors of  the  faid  county  as  (hall  not  vote  on  the  faid  firit  day  of  election,  (hail  be  at  liberty  to  give  their  votes  in  the 
town  of  Wood/lack  on  the  fecond  and  laft  day  of  the  election  ;  and  when  the  election  fhall  be  rinifhed  in  manner  by . 
this  act  directed,  trc  tickets   fh  ill  be  numbered.,  and  the  members  chofen  fhall  be  declared  in  theufuil  manner. 

III.  And  be  it  further  enaSiedby  the  authority  ajar  e faid,  that  in   cafe  the  feat  of  any  member  or  members  of  the  faid  . 
county  fliouid  be  vacant,  a  writ  or  writs  Ih  all  iffue  for  the  election  of  anew  member    or  members  to   fill  the    vacant, 
feat  or  leats  in  manner  herein  before  directed,  that  is  to  fay,  to   ho'd   fuch  election  at  the  different   plsces.be  ore 
mentioned  with  an  intervening  week,  and  in  both  cafes  the  poll  fhall  be  opened  at  ten  o'clcck  ;  any  law  to  the  con- 
trary notwithstanding. 

Cuap.  LXXXt.  An  aft  jor  eftablifbing  a  town  on  the  lands  late  the  property  o/Wii!iam  Petty,  adjoining  Chatham  court' 
houfe,  as  laid  off  by  the  tru/iecs  named  in  the  t-cl  of  the  lajl  General  yiffeinbly,  emitted,  An  act  for  eltablifhing  a 
town  on  the  lands  of  Mial  Scar  lock  deceafed,  in  Chatham  county,  p.  166, for  appointing  ctmmiffioners  for  the  regidati. 
on  0/  raid  town,  and  repealing  /aid  eB 

WHEREAS  by  an  act  of  the  laft  General  AfTembty,  entitled,  An  aft  for  cHahlfhinga  town  on  the  lands  of  Mial 
Scurlock,  deceafed,  in  Chatham  county,  trultees  were  appointed  fo  lay  off  one  hundred  acres  of  faid  land  in- 
to lots  cf  half  an  acre  each,  with  convenient  (treets,  lanes  and  alleys,  but  on  proceeding  to  cany  into  eitecttr'S  du- 
ties of  their  appointment,  the  executors  of  the  laid  deceafed  forbid  the  faid  trultees  entering  on  the  faid  lands  for 
the  pur;:ofe  mentioned  in  the  faid  aft,  fuggefling  that  they  were  not  fully  empowered  by  the  laft  will  and  tv (lament 
of  the  deceafed  to  difpofe  of  the  faid  lauds,  and  might  thereby  be  involved  in  law-fbils  at  a  future  day  :  and  where- 
as the  truftees,  at  the  rcqueftof  the  inhabirants  of  faid  county  and  others,  have  puxchaied  a  plantation  aojoining 
the  lands  mentioned  in  the  before  recited  act,  as  convenient  in  every  refpect  and  equally  luTtabie  and  proper  for  a 
town,  and  have  laid  the  fame  off  in  fuch  manner  as  in  the  faid  adt  directed,  and  the  lots  being  all  fold  and  afcertained 
to  whom  each  belongs  : 


19? 

I.  Be  it  enaAed'oy  theGeneraJ  Affemlly  of  the  State  of  North-Carolina,  audit  is  hereby  enacted  by  the  autkrity  of  the 
fame,  that  the  laid  lands  (o  laid  off  by  the  truftees  aforelaid  agreeable  to  a  plan    thereof,    be  and  is  hereby  eitablifhed 

a  town  and  town  commons  by  the  rurne  of  Pitifluriuph. 

II.  j  nd  be  it  further  trn'tcd,  bv  the  arthority  afbrfflhl,  that  from -and  after  the  •  pading  of  this  ae>,  George  Lucat, 
J'jfrph  Sfiwart,  Roger  Griffith,  M.itkevj  Jone',  /.cirlarla't  Harmin,  PatrickSt.  Ldv/reMce,  Nathan  Stedmati,    Jc.:;ies  Map.  ' 

fey  and  William  Riddle,  be  and  they  are  hereby  constituted  and  appointed  commiliioners  of  the  faid  town,  with  full 
pOtVer  and  authority 'to  aft and  do  every  thing  that  the.  iruflees  in  the  before  mentioned  ait  lawfully  might  do  er 
have  done  ;  and  fhall  keep  the  ltre;ts  lr  good  order,  to  which  end  they  areksreby  authoriled  and  empowered  to  ao> 
point  an  overfcer  of  the  lame,  «  irfa  authority  to  inmmoi  s  the  inhabitants  of  the  town  to  work  thereon  ;  and  in  cafe 
of  refnfal  cr  neglect  of  any  inhabitant  fummoned  lo.w  oi  k  on  the  fin  cts,  or  to  procure  a  itdicier  t  per  fan  in  his  ftead 
to  perfqr  a  iu:u  wcrh,  ever,  fa.h  inhabitant  fo  refiling  cr  neglecbng  fhall  forfeit  and  pay  the  fum  ci  live  fliillings  for 
each  and  every  rcfu'al  cr  negleft,  to  be  recovered  by  warrant  under  the  hands  and  leals  of  any  two  of  the  comntiiii- 
ouers  01  c:mph.i  it  made  by  the  o<-erfeer  ;  wh  c'i  money  Ihafl  be  applied  in  repairing  the  llreets  cr  any  other  u'eliil 
works  as  a  m?j.>ri'y  of  the  commiliioners  may  think  fTtpcr  ;  provided,  that  no  inhabitant  of  the  laid  town  lhall  he 
compelled  to  work  on  the  itreets  thereof  more  than  tour  dajts  in  any  one  year. 

III.  A,.d  be  i>firiher  enacl.d,  hythe<aMiht*iPy  nhrejaid,  that  the  firit  meeting  of  the  commiflioners  fhall  be  he'd  on 
the  firit  Monday  in  February  next  after  the  palling  of  this  net,  when  they  lhall  and  niay  appoint  a  chairman,  trrafurer, 
and  hich  other  oiiker  as  (itali  appear  to  them  neceilary,  and  adjourn  and  meet  at  fuel]  times  as  they  lhall  think  proper  ; 
and  th.:t  in  all  ai'ls  of  the  laid  commifiioners,  a  majority  of  them  fhall  contlitute  a  quotum,  nor  fhail  thev  do  buf'inefs 
with  a  iefi  number .;  and  that  hi  cafe  of  death,  refufal  to  act  or  removal  out  »t  the  ceim&<ef  Chatham  of  any  of  the 
commitJioiiers  by  this  aft  apj  turned,  the  inhabitants  of  laid  town  and  the  owners  of  lots  mail  within  one  month  after 
{tic  i  vacapcy  ad.mble,  (ten  days  previous  notice  being  firit  given  in  writing  in  the  moft  public  places)  and  elect  lame 
other  pecfon  be-ing  S)i  jwh  bttant  of  the  county  of  Chatham,  in  the  room  of  him  fo  dyings  removing  or  refuting  to  act, 
which  perfon  af  "r  bei:  ig  fo  ..  lefted  md  duly  qual  fied,  lhall  !be  vetted  with  the  lame  -powers  and  authcrities  as  if  he 
had  been  exprel  '.■-  1      ted  ami  ippointed  in  and  by  this  att. 

IV.  An  be  itfurtkep  enciled,  by  the uuthorly  afrefu'd,  that  the  f.  id  cotr.n  illicners  are  hereby  required  and  directed 
forthwith  to  c.-.il  to  r» count  all  ^er-'ons  for  any  monies  which  may  be  in  thfir  hands  belonging  to  the  laid  town  ;  and 
in  cafe  of  failure  or  refulal  of  any  f-ch  perfon  or  per. 0113  to  paj  the  !'.  me,  to  bring  fuit  for  all  loch  monies  as  may  ap- 
pear to  be  rc-tai  ed  in  the  haVads  c  t  fuoh  pi  rfon  cr  perfons,  and  that  all  inch  monies  (after  pa)  it>g  for  the  land)  mail  be 
applied  as  a  maji  tic  of  the  commjtfioners  fhall  this  k  mod  conducive  to  the  emolument  and  benefit  of  the  (aid  town.. 

V.  4qd  be  it  further  ew&id,  by.ihe.ateti&ityiforefaU,  that  the  before  rtci'tedacr,  or  (o  much  thereof  as  comes 
within  the  purview  or  meaning  01  this  :  Ct,  be  and  is  hereby  repealed  and  made  void.    . 


Chap.  LXXXJI.   Am  cB  vefiitg  certain  lands  therein  meKtknea  in  John  Colfon,  fen  if  William   Colfon,  in  feejhnplr. 

WrHEREAS  it  is  r  preleqted  :o  ti  is  General  Ahtmoly  that  s.bout  fourteen  years  ago,  a  certain  John  Colfon,  mad-. 
a  gift  to  his  Ion  fi'.i.i.:;:t  Col/im,  of  a  pi-c?  or- para  1  or  land  lying  near  the  mouth  of  Hockey. river  in  Montgome- 
ry county,  containing  by  eflimatiuu  tnree  hundred  and  fifty-one  acres,  and  actually  put  his  faid-fon i  Hi  pofl'eWion  of 
the  fame  ;  and  whereas  the  laid  John  Cal/foi  during  the  late  war,  attached  himfeif  to  Mae  common  etiemy,  and  with- 
drew himfeif  from  the  live  w  thoac  having  made  unto  his  l'aid  fo-i  Wilitam  any  deed  of  conveyance  for  the  faid  ands  : 
ar.d  whereas  H'u'u.ir.x  C  Ijht  dice:  fomc  5  ears  after,  If  ft behind-a  ion  bjr  the  name  of  John  Cilfqn,  and  bv  his  lair  will 
and  relhamen:  deviled  to  his  (aid  fan  John  the  afocefaid  [iece  or  pare;  I  of  lands,  uHrh  in  the  opinion  of  feme  of  the 
cit  irns  of  this  ltate  is  confilcated,  as  beinp  the  proper')-  of  John  father  to  the  laid  William,  and  the  commiflloner  of 
epi  (Heated  property  for  the  difiricl  of  Sali/bury  hath  leizcd  the  fa;d  lands  as  the  property  of  John  Colfon  father  to  tha 
faid  William  Colfin,  in  order  to  Ceil  and  <l  fpole  of  the  fame  tor  the  ul'e  of  the  ft-.te  :   ;o-  prevention  of  which, 

I.  Be  it  enaSsd.  by  tie  General  -ifjbnbly  <t  the  State  of  North-Caro'.im,  and.it  is  hereby  et,  i8edt  bv  the  authority  of  the. 
fame,  that  the  title,  pf  apiece  or  parcel  of  lands  in  Montgomery  count)-,  ne^r  the  mouth  of  RockHy "river,  coi:taining 
by  eflimation  three  hundred  and  fiity-ot;e  acres,  which  tt;e  laid  John.Gol/on  give  to  his  fon  William  Colfih  1kj,  and  i' 
hereby  vetted  in  the  laid  John  Colfon,  ion  to  (Vi.litua.Co'i-ox  a&reiiaidt.  hiiheii-sand  aihgns  fcrevir;  aaay  la.v  to  the 
coiurar.y  notwithfianding.    . 

Chap.  LXXXIH..  Anacl  to  extend  fmafls  paffid  at  the  hfl  GtneralJffimbly  held  at  Newbern,  conceiting  the  county 

wardens  of  the  poor  and  tobacco  infpecli  n  to  the  county  ef  Chalha  a. 
TT7HEr\EAS  it  ia>thedtfjre.  ot  the  inhabitants  of  Chatham  county,  that   the  following  acts  located   to  particular 
VV  coontes,  be  extended  to  thi>  faid  conn ty  : 
1.  Beit  therefore  enabled,  by  th;  Cenir-.l  Ajftmbly  of  the  flat  e  o/North-Csrol'ni,  <ttj  ///  is  here!  y  enalled,  by  the  auihi- 
ri'y  of  the  fume,  th  it  one  act  of  the  General  AfTembly,  entitled,  "  An  acl  to  empower  the  county  wardens  of  the  poor  for 
the  counties  ;he>ei,i  mentioned,  tobu'ld  houfes  in  their  refpective  couniies.ftr  the  reception  cfthep'tr  and  cither  purpofes  ■'■' 
i<na  other  act,  entitled,  "  An  ail  for  the  infpec7io:i  of  tobacco  in  cerlaln  welhrn  counties,"   be  and  is  hetcby  ex.e.iued  to 
the  laid  county  of  Chatham,    p.  164,  o   ;V.  C.  L.   1785,  (J,  55  j. 
If.  Ar.d  be  it  further  eihtiled,  bj  '.hi  authority  aforefil,  that  the  b.-fbrernentionrJ  ails  (lull  bs  in  fcrtc  and  ha-,  ethe  ■ 

V. 3 


iqS 

i\>  ,:e  validity  and  effeft  in  ihe  county  of  Chatham,  as  if  the  fa'.d  cr-unty  1  ad  been  eSprcffly  named  in  <re  faid  ifll,  cry 

iFiihg  to  the  contrary  notwithfiandii  g. 

VA.  tfn'a 'be  it  farther "er.atltd,  that  the  faid i  fir  ft  mentioned  aft  fljallbe  exKendcd  to  the  coumfts  of  f<  »»ifo  i?w  j  rd 
Currituck,  who  may  take  benefy  ofai  d  ufe  il  «  Inn  e  tor  thr  purpo  r;  oftbe  laid  counties,  in  the  iame-  knannei  anttas 
lolly  and  amply  to  all  in  ents,  as  il  the  laid  counties  bad  i  cen  originally  Dateeld  therein. 

XII  Y,car  of  Independence.     The  loth  of  November,    1787. 


Chap.  V.  An  *  H  to  emend an  ac~i },  entitle  A  "  An  ad  to  remove  all  dilabiiitics  from  Simon  Usury  and   others  therein 
_  named."     p.   145. 

\7f.  7  HEREAS  it  li.-th  been  reprefented  to  this  General  AiTetnbly,  that  the  act,  entitled  "  An  ml  to  remove  all  difa. 
'  V  b'tlities  from  Simo n  Cieary  and  others  thefeih  named,'"  hath  occasioned  doubts  as  to  the  legal  cr.nl! rticl  ibri  there; 
of  whereby  t. le  pei  Ions  whom  the  legislature  meant  to  relieve,  cannot,  from  the  conitruftion  of  the  courts  of  law, 
obtain  .lis  benefits  which  were  intended  by  the  laid  aft,  without  a  farther  provision  for  that  purpose  :  and  whereas 
the  benefits  intended  to  the  laid  ■Vimon  Cleary  and  the  other  perfons  named  in  the  laid  aft  were  extended  to  them  on 
the  principle  of  their  inability  toxome  u-.to  thisifate  within  the  time  iiKiited  by  the  act  pafled  in  November,  1 7  84,  com- 
monly c^led  the  confiltation  act;  and  an  additional  telhinonia!  having  been  exhibited  to  this  General  Aftembry,  un- 
dcr  the  feal  of  thecitv  of  Limerick,  in  the  Kingdom  of  Ireland,  that  the  faid  Simon  Llcary  was  not  within  the  litre  a- 
forelaid,  or  at  any  other  time  fince,  able  to  ravel  to  America  without  endangering  his  life,  it  is  juft  and  Fe'afbnable 
that  a  further  provifion  be  made  for  hit  life,  a'  hz  appears  to  have  been  dilabled  trom  a  perfoiial  claim  &  1  the  aft  of 
God:  and  whereas  by  the  refolves  of  the  General  Ailembly  m  lueir  faid  feliion  of  November  17841  whereby  a  cc  th« 
penfation  was  given  tp  Patrick  Cleary  for  part  of  the  perlonal  eltate  of  his  late  brother,  the  raid  Timothy,  it  was  «• 
greed,  and  afterwards  enatted,  that  the  faid  Simon  Cleary  was  entitled  to  further  rchef,  and  fhould  be-enabledfto 
foe  for  and  recover  the  real  eftate,  part  of  which  it  was  fuggeited  had  been  illegally  fold,  and  if  lo  fold,  might  be 
recovered  without  any  further  charge  to.the  public. 

1.  Be  it  therefore  trailed  by  the  General  //J/embly  of  the  State  rf  North-  Carolina,  and  it  is  hereby  enr.rl.d,  bv  ihe  autho- 
rity of  the  fame,  that  from  and  immediately  after  the  palling  ol  this  aft,  the  fitid  Patrick  <  I  /try  (hall  be  and  beet  lie 
ipfo  faclo  feized  and  poiTefled  <ft  and  entitled  to  all  the  clfaie,  real  and  pcrfonal,  lands,  tenements,  (rods  arid  c.har- 
tels,  rights  and  chofes  in  aftionxif  whatever  kind  which  Aperc  of  the  laid  Timothy  (Hear)  otiu  r  ■■  if; C.  1  at  the  time 
of  his  death,  and  which  have  at  any  time  fince  been  conhTcated  or  forfeited.,  cr  faid  or  iuppofed  to-b$vte  beer,  corififci; 
ted  or  forfeited  to  the  ule  of  this  itale  by  any  law  thereof,  to  be  held,  by  bun  he  faid  ,  Patrick,  his  heirs,,  executcr;., 
admuiiltrators  and  ailigus  rrlpectivciy,  in  u .oft  to  be  received,  poffefiid.  fold  and  dilpofed  of  to  and  fp.r  the  tile  and 
benefit  of  the  faid  Sw:on  Clary  and  the  otbeu^perfon!  named  in  the  faid  all  refpedlively.,  ancl  their  r.efpeclivc  rej  te« 
fentatives  ;  excepting  and  reserving  neverthelefs out  of  this  prefent  aft,  fuch  part  of  the  perfoiial  effate  of  th<?  faid 
limothy  as  was  by  law  alloted  for  his  widow  3  And  provided. al/a,  tjjat  before  vnis  preient  aft  fhall  have  operation,  t)ie 
laid  Patrick  Cleary  lhall  take  the  oath  of  allegiance  of  this  lfatr  prefcrihed  to  be  taken  by  the  citizens  theieof,  before 
any  Judge  of  the  fuperior  courts  or  any  Jultice  of  the  Peace,  which  oath  fuch  Judge  01*  juftice  is  hereby  ditefted  and 
required,  upon  application  made  to  him  for  that  pmpofe,  10  admitafter.  and  to  grant  to  the  faid  Patrick  Cleary  a  cer- 
tificate thereof. 

II.  And  be  it  further  enacjed,  tbat  it  fbal!  be  lav.  fol  :"or  the  faid  Patrick  Chary,  after  taking  fuch  oath  of  allegii  nee, 
to  commence  and  profectue  in  his  own  name  all  and  every  fuch  (bit  and  loirs,  action  and  acYici  3  in  law  and  equity,  as 
may  be  needful  or  neceflary  for  tiic  recovery  Dl  the  '  hole  cr  any  part  of  the  faid  eflate  of  which  he  (hall  become  lei;;ed' 
and  pofV  lied,  or  to  w  iiich  he  fhall  be  entitled  by  virtue  of  thi*  aft,  and  firch  lutt  or  fuits  lhall  be  fuftained  and  ju  le- 
nient and  execution  awarded  thereon  in  .the  fame  manrier  as  for  Inits  brought  by  the  citizens,  any  plea  of  the 
d'.fibUity  of  the  faid  PatricJi  Clear.?,  or  of  any  other  ptriou,  or  any  kw,  cutlotn,  ulage,  matter  or  thing  to  the  con- 
trary notwithftandmgi 

And  whereas  it  is  re'prefcntfd  that  there  are  teveral  fn'us  in  t  jeftniert  now  depending  in  the  furerior  court  of  New. 
hern  in  the  names  of  feyera!  ph  iniifls  as  lefiees  of  the  laid  Simon  Cleary,  for  different  parcels  of  tUe  real  eliate  of  the 
fiid  Timothy  : 

1)1,  B:  it  therefore  eivHed,  that  it  fhall  and  may  be  lawful  for  the  laid  Patrick  Cleary  upon  motion  of  the  laid  fupe- 
rior court,  and  urtue  to  the  attornies  of  the  feveral  defenders,  f which  motion  the  Judges  of  the  faid  court  are  lure- 
by  required  to  grant)  to  iufert  his  name  in  the  feveral  dec!. nations  as  It-lift  of  the  rclpeftive  plaintiffs,  inficad  of  the 
r.ame  ot  the  lY'd  Sn:i  11  Cleary,  in  the  Iftne  manner  as  if  tie  faid  Simon  was  aftually  dead  and  the  title  of  the  premiles 
defcended  to  th.-tftd  Patrick,  and  the  faid  fuits  fhall  be  proceeded  on  to  judgment  and  execution,  a:id  the  fame  re- 
c  p.yery  had  .s  if  cbt  y  aji!  .  ieea  feverally  ccniaienced  anil  irdtituted  lublcqucnt  to  the  pilling  cf  this  a.l,  any  law  01  ,u-. 
l\  >c  to  the  contrarj  nut  with  il  mdtng. 


■      :■■>>  cf  -,  .  Ff'aVJ.  rf'Nev  V-n  hike  year  'meihoufa  -id Jeven  hundred  end  e'gl  yjives 
-  ■■  .   ,         /'es,  pa  i  Iters)  viiW  cats;  bears,  trows  atidfquirf  els  in  the   fcrcral  counties 
therem  ■   l55 

BE  t  :     "fjheState  s/"North  Caro]ina,  andjt  is  hereby,  enccled,    h  t'e  cv'.'-.v'.-.v  ■[  t>*t 

ai  d  al     .  '     HS.is   acf'tfi't  tiefbre  recited  act  .0  t.u  as  the  Ihiue  providesfor    the  killing 

ti  crow*  and  fqairrets  be1  and  the  '.ante-  ,? hereby  repealed  SrrJ  made  veil. 

C    :.Y ,  XX  7.  xV;  •/?  r«  'ffsS  '.he  nutting  and  coaxing  a  fc  ;'■■:■:.  the  .'  u>«*  e>:<<  s/~  Clinch  bkaitftoitt'to  the  Cumberland' 
Settlements,  andfot  freftrving  and  granting  fafety  to  the  inhabitant*  thererf* 

WW.      EAS  it  has  been  reprefemed  to  the  0  inbly  oy  the  jxpjjclcaiatiics   of  the  countiesof-  La-jidf,<t 

and  Sumner,  as  the  earneft  \i  ifh  <  f  the  inhabitants  ot  the  laid  counties,  that  alaw.lhould,  oafs  impowering  the, 
command. ng  officers  of  the  atortfaid  co'lih'titt  tj  tailcri  the  the  militia  thereof  to  cany  theiarne  iuto  fu. I  cited.  :  chcre- 
fere, 

I.  Be  It  enccled,  bv  the  General  J/fcnHy  of  the  State  c/"lVJorth-C.;rclina,  and  ills  hereby  inh&e'a,  by  'he  authority  $/• 
the  fume,  that  it  In  ill  and  may  he  lawful  tor  the  commanding  officers  of  the  before  mentioned  counties  to  appoint  two) 
or  mi. re  perlons  -roexarr.ine,  inrvey  and  -mark  our  the  belt  and  rnoft  convenient  way  from  the  iowcr  end. of  Cllncii 
mountain  to  the  icttleme.ts  of  Gumber'ldnd.zs  atopeGAi  ;  and  the  (hid  commanding  cjfficers  are  hereby  veiled  with  full 
pi .-..  l;-  ar+Q-authcrity  to  order  out  the  niilHia  cf  the  counties  or  D:vi:!f:n  apd  £ir,?;ier,  to  cut  and  clear  the  road  fo  mar- 
ked assfcrelaid,  tinier  the  direction  of  themfelves  or  either  of  theni,  or  ai.y  pf  the  field  officers  by  tirem  appointee!  tt> 
li.perir.tcr.d  the  fame. 

Aid  in  order  that  the  fl  r  i  <ft*  ft  juftve  may  be  done  to  every  militia  man  and  1  fficerin  performing- the  fame. 

II.  Be-  if farther  c~,m  led,  by  the  authority,  dferefitld,  that  the1  commanding  officers  cf  the  (aid  crunties  ot  Davld- 
r  -.  .  nei  Sumner  Gi-ill  at  their  general  mutter  in  /^ri/ne^it,  caufe  the  nniitu  to  be'  divided' into  four  equal  dalles  of  firft, 
1;  1  Olid,  third  ai  d  fourth  as- near  as  may  be,  in  the  fame  manner  as  the  tnrlitia  in  this  fhte  was  fprmeriy  chffed,  and 
fliali  call  en  thejn  by  daffies  or  part  of  daffies,  beginning  with  the  firltanci  (o  hi-rotaiion  until  trie  read  (hail  be  cut  as  3. 
laid  •  and  i.i  cafe  -ny  officer  or  imhti.i  man  fhall  jtirfnfr  or  neglpfl  to  appear  when  cilled  span  to  perform  f'uch  rdttf 
and  bring  with  him  fuch  :r,ol  fuijable  i'or  cutting  and  clearing  tne  road  as  aiorefaid  as  mav  he  enjoined  by  his  officer,  as 
alio  fifth  quantity  qf  provrfidh  as  may  be  dfetnet!  necehary  fot'fucH  tour,  or  when  on  luc:i  tour  or  duty  fhal!  retufe  or 
ricglect  to  perforin  the  duties  il,ai  nray  be  enjoined  hi;..-b_.  ti  e  officer  ey  ujilcers  having  the  eontniard  over  the  pit! 
work,  he  or  they  io  offehdi  ig  ffifci'.l  luiirr  the  lame  pains  and  penalties  as  are  inliietcd  by  the  miljtia  law  iio\v  in  foi5ce 
in  this  Itate,  and  be  preceedtd  againltin  the  mam  er  as  is  by  the  laid  law  directed,  and  ail  lucb  iu:es  and  forfeitures 
fhall  go  towards  paying  tlie  perfons  employed  in  \ic«ing  and  marking  the  laid  road. 

•  And  svbercas  it  is  j'uft  and  realonable  ti:;u  ill  periods  pejTorniing  ary  uleful'and  laborious  talk   ihculd    receive  ade» 
.  quate  cemper  latien  for  the  fame  : 

II!.  Bfrii  further  ena3;;d,  iy  the  cuthvity  af'.refaul  that  it  fhall  ar.d  may  be  lawful  for  the  eeunty  courts  of  the-. 
cc>unties  of  Dat-idfiti  and  Sumner  in  their  cp;;Tter-fc-iiions.  to  lay  a  tax  on  the  poll  and  #ii  t  ixabje  |  roperty  wirHn  tlie 
jaid  counties  fufiicient topay  the  labouiers  emp'ojed  i.-,  cutting  and  dealing  the  laid  road  from  the  loxter  end  of 
Clinch  mountain  to  the  Ciajibert&nd fertleTBenis,  and  alio  thefe  employed  in  fuperintending  the  fame,  and  atfo  for  the 
provillon  neceflvi-j  to  be  furiiifhed  thoi'e  employed  in  the  fa  d  lerviee  ;  and  the  tax  ib  to  be  levied  fhall  be  collected  and 
accounted  tor  by  the  collectors  ot  the  public  tax  and  by  them  to  the  county  treafurer,  and  by  him  to  the  courts  and 
by  them  or  their  chairman  to  tho'e  employed  as  above  ;  ar.d  the  faid  collector  or  collector?,  before  1  e  or  they  enters 
on  the  execution  cf  their  office,  fhall  enter  into  bond  with  one  or  more  (ujficient  lecurit.es  in  double  the  fum  to  be  by 
hitti  or  theMl.'ceHectcd,  for  rbe  rarehful  peTfofrnincfe  df  the  trull  in  him  or  them  repoled,  and  lor.  the  cel!ec1in<T  and 
recounting  for  all  luch  inonFes  by  him  or  them  Io  received,  after  deducing  three  percent,  for  collecting  and  paying 
fhc  a::c  ;  and  in  cafe  he  or  they  '-fhall  1.  il  or  neglect  to-collect  and  account  for  the  fame  in  due  t  me,  he  or  they  Io 
Jailing  or  neglecting  Dhafl  be  proceeded  a^gairyt  as.  in  cafe  of.de linquer.:  Iheriii'scr  collectors,  and  fuffcr  the  lame  pains 
and  ]  tnalttes  that  nia-y  be  hail  againftfuch  li.erifia  and  collectors  ot  public  taxes  in  this  flare. 

And  whereas  it  hath  been  found  by  experience  that  the  inhabitants. of  die  counties  of  Davidfin  and  Sumner  are  ex. 
pcfled  to  great  danger  frcfri  the  neighbouring  Inita'n^  who  may  be  provoked  by  the  outrages  of  diforderiy  perlons 
j  afli   g  through  oi  from  thfc  faid  cour.tics  to  the  Indian  nations  :  for  remedy  whereof, 

IV.  B  it  enatftd]  by  ti  t  autktHy  ajcrtfoid,  that  it  lhall  not  be  lawful  for  any  perfon  topafs  through  or  go  from 
ei'her  of  tie  counties  ot  D&ii  dj  ia  rr  Sufnntr  ic  any  of  the  Indian  towns,  unlets  he  or  tkev  Inaii  i:ave  a  pals  t'rv.ii  lome 
ciiieer  duty  au'h.  riied  unoer  the  United  States,  the  executive  of  this  ilate,  or  the  field  ofiicers  of  the  mituia  of  one  or 
ether  of  the  cou'hties  aforefaid,  ^ 

Y-  Beit  furYtttt'enaSei,  that  if  any  perfon  or  perfons  offending  agsinft  the  true  intent  and  menning  of  this  aft, 
he,  fteor  they  being  thereof  Jawfqlly  convicted,  fhall  be  liable  to  a  line  not  exceed  w\  ;en  |:or,nd=,  to  be  afiefledJby 
two  Juftices  of  the  Peace  ;  and  i.i  caff  any  perlon  within  the  limits  of  the  counties  of  Davie  fin  and  Sumner  Jh.,ii  me- 
nace, provoke  or  plunder  a  friendly  Indian',  or  by  ihreatning  to  kill  er  dekioy  or  beat,  him  .  r  iny  of  his  tribe  cr  the 
allies  ei  his  irbebemg  friendly  to  th's  or  the  United  State,  he,  the  cr  they  fo  pfe^diflg  fhall  bedjttfaject  to  the  fame 
p.nns  and  penalties  on  an  ac'hon  bronchi  in  behalf  of  luch  Indian,  as  though  he,  !i':e  or  the/  cad  iojuiied  or  prUKtierfd 
a  citizen  ot  this  ilate. 


.i  -  v  p 

ted  tu  tie  General  AfTYnblyby  the  representatives  of  the  aforefaid  cotin- 
-   lie    emigration   to    the  Cumberland  fettlements,  to  empower  the. 

ei'h'iri  -.^i  iiou:  i ...::.,.'.;,./ ;:i..j,(it.ii.i  to  the  i..ui  fetilcnients  not  more  thiil 

Jo.r  ..-     i  .   ^    .,,.'..•  : 

V!.  ..;-  , 'i  t  -.•■  ,■ -i  c  ■  n  (7  .J,  r' ;:c  it  ;;iall  be  l.i\\fnl  fcr  the  comnrmdingcift.ers  of  the  c-.vir;  .  ,  .  '.  to  call  cut 
ai-.y  iiunfoer  01  ii  !:'ia  not  csiecedjng  fitly,  at  any  time  i:  ihah  be  made  known  to  ;i,tm  that  .1  number  ui.  .  s  are  at 
the  C«mAtr.'w«.//.ra(DUiUaiu  waiting  jor  aft  efcort  ro  cor.duiYthem  to  the  faidfertlenKn'.s  ;  and  the  county  courts  are 
be-.-ebv  ittjgiied  t  1  hs  tj  a  tax-on  the  poll  and  RTXatJle  property  in  ftie  Iai  1  counii  :s  frjm  time  to  liuie,  fufEcient  to  payt 
the  kid  e.\pe.:ce,  10. ue  collected  and  accounted  for  ai  in  calc  of  cutting  the  road  axtaxdoei  in  the  1 01  •„■  going  part  o 
this  act. 


Cfl  \P:  XXVI.   Art  ail  toencpurngc  the-ma.ilxg  ofjl.it  in  Davidlbn  cv<;.. ,. 

V"  7HEREAS  it  is  repreftnted  to  the  General  Affemhly  by  the  inhabitants  of  Davidf  n  comity,  th  it  the  filt   fprUlfgfi' 
V     cannot  be  of  any  puldicufe  unicli  lorn e  peribn  or  peid'ons   Shall    have    the   exclusive,   right   o;  improving  the 
{dine  ; 

I.  Be  it  t' '  ertfre  enabled  by  the  General  AJe.rddy  of  the  /fate  cf  [K'orth  C?rc  Vw.a,  and  it  is  herely  nwcltd  by  the  uutho. . 
rtfy'of  the' fame',  t'ha't  the  fgriiigs  or  Ifck's  commonly  called  French  lick,  N  e;  ley' i\\c\- ,  Gj/fershck  and  Eanfy'%  Ink,, 
together  with  the  tracts  of  land  htloh'girig  to  or  reiervtd  with  thole  1  cjss  rJpectiveJjv  Hull  be  and  they  are  hsreixy  vef- 
ted  in  John  K'rkf.iir'uk,  I ai  diur  ( lti-k,  Jonathan  Drake, Ji'itliuin  Sitnpjhft,  j\hi  E'.yd,  Ephrann  M  Ecdne  and  Robert  Ed. 
nrjiidfjti,  'commit!  oners  to  kale  or  rent  the  afore; aid  ij.rings  or  lickjs  for  v.y  t<  ri:i  of  time  tijt  e\ce.eding  ten  years 
from  and  after  tl  e  palling  ot  this  ait  ;  nd  the  monies  arming  I  ruin  Inch  Ical^s  or  rents  to  be  applied  to  the  public  ufe 
rf  the  inhabitants  ot  the  conn;/  o1  D. ividfon  ;  and  the  aforelaij  coura  ilioncrs  fhall  give  bond  with  iictiriiy  to  the 
coart  ot  laid  ecu  ;ty  for  ths  faithful  accounting  of  laid  monies  annually  to  the  comity  treaiurer,  arid  ilia1 1  make  public 
advtrtifciiient  c  ftfe  time  when  the  faid  le.'tes  tini!  be  nude  ard  the  laid  iic  s  and  lands,  rented,  at  the  com  t-houfs 
of  the  bid  county,  at  lead  ninety  days  previous  thereto. 


Chat.   XXVIII.    Art  ail /or  the  letter  regulation  cf  the  lo-v>n  r</  Edeuton. 

WHEREAS  it  is  the  mtertdr  of  every  (tate  to  regulate  the  police  of  its  towns  and  eucour.  ge  their    trade,    and  the 
law  s  heretofore  made  lor  regulating  the  town  oi  Edenton  have  proved. defective  and  inconvenient  .- 

I.  Be  it  thirefoi  e  eracled  by  the  C  v.ercd  Affembly  of  the  fl  n't  of  North  C^ri  Una,  an  I  it  is  hereby  tnicled  by  the  auihi. 
rity  cf  the  fame,  that  live  commilfione;  s  for  ti.e  town  of  idetff.n  thall  becbolen  annually  on  the  firft  Monday  in  April, 
mid  the  fheriffof  Chowan  county  or  his  deputy  is  hereby  req/aiij-ed  'oaftKud  at  the  courr  houie  on  the  fame  .liy  and  at 
the  hour  of  tencf  the  clock  "in  the  mcrning,  to  open  the  poll  and  receive  the  tickets  in  the  prelVnce  of  two  infpeefc- 
crs  being  freeholders  of  the  fail  town,  and  when  the  ele.tion  fhall  be  finiihed  fuc.)  returning  officet;  and  infpe&prs  fiiall 
in  the  prefer.ee  cf  luch  of  the  electoro  as  chufe  to  attend  examine  and  nunib-r  the  ballot ;,  and  the  perlons  having  the 
gieaielt  number  of  ballots  (hall  he  declared  c'uly  elected,  but  v\  hen  two  or  mire  pcrfons  ihal<  have  an  equ  d  nii'iiber 
cf  votes  the  rttmuing  officer  (hall  have  the  calling  vote,  tut  (hall  not  vote  in  any  other  cafe  whatloever  ;  and  in  like 
manner  the  laid  iheritt  or  his  deputy  fir  ft  giving  ten  day<  notice  by  public  advcrtilement  lhall  on  the  tirlt  Monday  in  ,1- 
prii  in  every  year  clterwards  in  the  fame  manner  open  the  poll,  receive  the  ticket3  and  pro.hini  the  cominiifioners 
for  the  eniuing  year,  under  the  penalty  of  Hliy  pountls  for  every  neglect  or  refaUl,  to  be  recovered  by  aftion  cl  debt 
in  the  court  of  the  county  of  Chnvav  by  any  perfen  who  fha'l  fue  for  the  fame  in  one  ye  »r  after  ficn  negledf  or  reful'al, 
onehaf  to  the  prefecutor  the  o.hcr  half  to  be  paid  to  the  trealurer  of  the  tnvn  for  the  u'e  of  the  laid  town  -,  and  .  the 
commilliorers  iochol'en  /hall  be'ore  they  enter  oti  the  execution  of  their  office  take  the  following  rtath  :  "  I,  A.  B.  d) 
"fjieur,  thi.t  lvir  I  faithfully  dif charge  ii.e  office  of  cwimijfor.er  f:r  i'u  tc.:<:i  rf  Edenton  agreeable  to  law,  and  to  the 
"  bej't  tfmv  hnfcvletige  tmd  fu'dgmenf,      So  lielp  me   God.''  ■ 

II.  And be  it)  fther  encicie.t,  by  the  authority  cfyrtfaid,  that  no  perfon  lhall  be  deemed  qualified  to  act ; 3  a  commif- 
iioner  if  the  tcwn  qf  Edenten  unlel's  he  hath  a  lot  of  land  thtriiu  with  a  dwel'i.ig  houle  oti  the  fame  in  his  o.vn  ri^ht 
infer,  and  that  all  the  freemen  who  have  pi  d  public  taxes  and  have  been  inhabitants  of  the  laid  to*n  [\\  nun:  lis  ikx: 
befote  and  at  the  d.iy  of  election,  fhall  be  entitled  to  vote  for  the  cotniuilTiorf  rs  of  the  laid  to-vn,  and  no  ethers. 

III.  And  be  it  further  en.icled,  by  the  authority  cjlrefaid,  that  the  cotnmiliioners  i.hall  appoint  one  of  their  bed/  to 
a<!t  as  trealurer  of  the  town  tor  that  year  to  receive  and  account  for  the  ta.vn  moire?,  for  which  a  regular  entry  muit 
be  made  in  a  bock  kept  fi>r  that  purpoff,  and  upon  the  appointment  of  a  new  trealurer  the  old  one  ihill  immediately 
pais  his  account  with  him  and  pay  any  balance  there  may  be  in  his  hands  ;  Provided,  that  before  inch  treafirer  entets 
on  his  olfi.e  he  fhall  ^ive  his  bond  with  approved  fecunty  payable. to  the  cotnmiHijtiers  for  taa  faithf-l  difcharge  of 
his  duty. 

IV.  A,id  be  it  further  enacfed,  by  the  auiWtty  afr-fid,  that  the  comniifTioners  of  the  faid  town  Ihill  choofe  and  ap. 
point  a  proper  perfon  to  be  their  clerk  of  he  fi  d  town,  tjact  as  fuch  during  good  behaviour,  who  lln'l  be  allowed  a 
rvaibnable  falar^  and  e:  tsr  into  band  to  the  ccm.n  ffioncrs  of  ths  fiiJ  town  an  I  their  fuccsiTors  with  fufiicient  fecuriry 
in  die  lum  of  two  h  inJrj  I  pou  id.  lawful  money  of  t'lls  ttat.%  for  the  due  a  id  faithful  execution  of  his  office  and  the 
tr>u,t  rep  Mew  i  1  hi  n.f.ir  t')^  isife  '•'-".■ad.;  of  the  bjok-.  and  papers  puf  into  Irs  care  an  J  keepinj?  a  regular  and  fair  jour- 
nal of  ths  prqcsfidujgs  of  the  cm  aiffiwei  s  Jarirg  his  cjatm".iancs  in  oliice  ;  and  all  perfpna  i'liill  have  free  accefs  to . 


20  r 


he  pen%  of  forty'  fallings  for  every  refufi.1    lo 
•:  the  Peace  or  the  ounty  pf  Cbovian  by  any  perfcn.  who  ftiall  fue  forthei 
efufal,  one  ha.;  to  r.i:  profecutor  c::.;  other  to  bs  paid  t,o  the  treafurer  of  tiie  town   for  the 
the  town.  "        "   '" 

V.   tint  be  ft  fart).  'I.  .'.  that  the  commiffloners  cSthe  town  To choferi  and   Qualified 

-    i  of  this  act  (hall  be  and  they  are  hereby  incorporated  into  a   body  polit  c   and 
the  na  .ui  by  th.it  name  to  have  annual  fiieceifion  by  the  election  ofthefr 

<-.';»•  5b?  this 'aclfsdlrefted  and  a.  common  md    I  ors  oV  the  name  a 

n  law  to  have,  purchaft  o -them  and  their  fuecoTqrs'i 

renrsand  let  ver    and    (] 

feoftiie  fame,  alio  to  ret  take  an    <;ifrcrdcu  bever  to  the  iaid  town    Lvi  a'f« 

by  the  to  fue and  implead,  belticd  an'd  .  diyered  :u  all  courts  whatever    and 

from  time  and  at  all  time    hereafter  0  i  :  e  Inch  rales,  orders    i 

-  reels,   erefting  ; 
the'  fame,  alio  all"\  vtheprii  t  of  bread  once  in  every  month  a 

to  the  price  ot  flour    ere  ,g  in  repair  thole   dready  erefted,   furroundin£  the  town  witha 

x  fence,  erefihrig  proper  gates ■<  rod  alfo  ihall 

ryancetqfucb  .,  ,    ,', 

mall  refule  or  neglect  to  conform-io  Ihch  i 
under  tl  I  fealof  theiaid  commiffioners  dircaed to  an;  them  appoi 

nevertheleistoan«p  icouriry  court,  which  faio 

in  Cafe  ■  .    ;-..r,;.j;i  J ' 

that  fue  •  ordinance*  .  ;'.  [and 

,Yt  ^f;«nef«id"comouffioncrsbef*«.the   nexi 

ie,  remove  out  of  the  coanty   or  refufe  to  ,ners   n._t]  f, 

)thtrs  in  the  room  and  fttad  of  thofe  dying,  i 

cnofen  and  qua!;:,  |  ,.  lVg    the  lame  p  as  .         * 

hayeby  thisact.  commiiiioners 

VIE  A'.dhUrtrrtn r&J,  /,  5&iJtowHlbalfann{ia'lv"lev,va 

tax  not  exceeding  ten  millings  <  i    of  taxable  pro]    i  |    rown        ,. 

ta':  °f.K'nl  .  ty,  v  nich 

edbya--  arrarU  m    er  thenar)  Isai-'diVal  of-theo 
And  the  u>  |y  to  ascertain  Klf   ,  ■      t1"!'01^ 

■   B    :     ■  ii    the  time  h<    ft.aU 

i?h;st,;'  alj  return  « 

fituated  within  toe  fa;d  town,  an.  iter  of  His)  if  any  inhab'ita  f0  ,„ 

do'  t!ie  rder  the  town  tax  to  be  levied  for.  the  .  the  amount  o,  l b  ■  r-  .'v   •„•„ 

!-d  *  "      "--'■■<-   iJ'o- 

iX-  And}\  ':,J:  3llP(rl^;-=  whoi&aWbave  refided  fix  months  in  the  faid  town  ihall  b=  fnbi-ft  r, 

ivn.  ,  luujBij.  ia 

•   th2t  tI:ecc  Ley  of  them   foall   ,rnn'|v 

raprop™.  sftthetaxofi  toil     ,        nien,t  made  by  the  alienors  ap 

by  tne  court  ot  the  county  ■  on  the  e. 


fear,  after  detfuaing  five  per  cent- commilD 
011V°rh:-tr  ang  the  fajd  collection  ;  a  orrefufe'to  accent  tor  o 

wlierewitii  tin,  his  Z- 

nuffi  ww,  it  (ball  arftj  may  be  lawful  for  the  lupenor  cottr.  .  ,  ,  tbe  paa|    £oart  of  ^       ^  s  «?»" 

****"  "    crannjor,:;,  ,::!,,,„,  ,        ,f.  of  th,  treafurer  of  the  town  ,  If  ro  give  juJ 

'/'"•aHmcfnit  ta.towu     th 

oflMrt,  anci thereupon  to  a  war*  «ecol  weSwnnrf, 

lucbcoHeaorand^fecunueS:Pw  Le  t,n  days  previous  no.ie  of  S 


202 

fees,  the  overplus  of  the  goods  and  chattels  fold  (hall  be  returned1  to  the  ownei  i!  any  ;  and  the  faid  commiiTioners  or 
a  majority  ot  them  are  hereby  empowered  and  author. fed  to  grant  deeds  tcr  a.  j  lot  or  lots  improved  or  unimproved, 
which  dee  Is  (h.ill  be  good  and  valid  in  law. 

XII.  And  be  it  further  enacled,  by  ihe  authority  afo  efr.ia,  that  the  bcoksin  which  the  proceedings  of  the  com  miff!  or*, 
ers  were  enteredof  Hull  be  entered  t>v  tbethfejves  t  r  ihe  r  clerk  of  'be  town  reflecting  the  tleoticn  of  commilfioncrs, 
laying  taxes,  granting  and  conveying  lo:s  and  entries  or  lot;,  .that  the  faid  books  and  all  the  legal  proceedings  and  act; 
cf  live  commifiicmers  therein  entered  agreeable  to  the  ach  ot  Aflembly  abo.t  e  recited,  lhall  be  and  are  hereby  confirav- 
ed,  and  [hail  be  received  as  evidence  in  any  court  of  law  or  equity  *.  r.ere  trie  t'lesof  lots  may  come  in  queftion. 

And  whereas  many  difficulties  have  arole  relpecting.the  lines defenbing  the  Iocs  in  faid  town  ■  for  remedy  where- 
of, 

XIII.  Be  it  further  enaftxi,  by  the  uuihcritv  aforefn';dt  that  after  the  p'nlllr  >g  this  aft  the  four  pelts  (landing  at  the 
four  corner?  of  Ring  and  Broad  (rreet  dial)  be  the  pi  cpfiiUtion  toI>egiri  tl  e  meafurerneDt  pf  defenbing  the  lines  each 
way  of  all  the  lots  in  faid  town  ;  -which  lines?  when  run  (agreeab  e  to  the  (landing  of  faid  polls)  by  the  commifitoners  or" 
faid  town  forever  be  confidered  as  right ;  any  law  to  the  contrary  notwithstanding. 

XIV.  And  be  it  further  etn.Red,  by  the  authority  'gforefaid,  that  the  commiiiioners  of  the  faid  town  are  hereby  em. 
powered  and  required  to  caufe  ail  Inch  encroachments  from  which  danger  may  be  apprehends  J  or  any  great  injury 
to  the  ttreets  to  be  removed,  and  where  any 'encroachment  (hail  be  fjtmd  on  any  ftreet  or  ftreats^from  which  no  im- 
mediate danger  -is  to  be  apprehended  nor  any  very  great  injury  to  t  tie  llreet,  anJ  the  owner  of  Inch  encroachment 
fhould  not  be  willing  to  remove -the  fame,  the  laid  commiiiioners  IhaU-impofe  a  ground  rent  not  exceeding  forty  (hil- 
lings to  ue  annually  paid  for  .each  piazza,  porch,:  p'atform,  fence  or  o*her  encroachments  on  the  ftreet,  to  he  applied 
to  the  public  (lock  of  the  town  ;  and  i;  any  petfon  (hall  refufe  or  neglect  to  pay  lech  ground  reijr,  the  fame  (hall  be 
lev'ed  by  a  warrant  .under  ihe  hands  an.i  fed  of  the  commiiiioners,  directed  to  any  perioh  by  them  appointed 
f^r  chat  purpofe,   on  the  goods  and  chattel-  of  the  delinquent. 

XV.  And  ba-ii  further  ev.acled,,  by  the  authority  afire/aid,  that  the  (aid  commiffion.ers  may  let  out  public  lots  on  the 
bay  or  ;n  the  -town  that  are  not  immediately  wanted  for  public  ufe,  or  buildings  on  leafe  for  any  terra  net  exceeding 
fifteen  veers,  the  rents  to  be  annually  recovered  (in  caie  of  reluUi  or  neglect  of  ti:e  tenants)  as  heretofore  directed  for 
ground  rents  and  applied  to  the  ufc  ot  the  faid  town. 

XVI.  And  belt  further  enacted,  that  everr  perfon  who  is  the  owner  of  any  lot  in  the  town  of  Edtnl  n  I!  all  be  with- 
in  £ix  months  after-the  palling  this  act,  caule  die  fame  to  be  cleared  from  'aojiis  and  brulh,  and  he  lhall  keep.it  cleir 
under  the  penalty  of -twenty  (hillings  for  every  offence,  to  be  recovered  before  any  Juflice  of  the  Peace  cf  the  county 
< .'  Chowan  for  the  ufe  of  the  laid  town. 

XVII.  And  be  it  further  enacled,  that  no  inhabitant  of  the  faid  town  (hall  be  permitted  to  keep  any  hogs,  geefe  »r 
goats  to  run  or  he  at  iarge  within  the  bounds  of  the  faid  town  ;  unde  r  the  penalty  of  twenty  (hillings  lore-,  try  ..offence, 
tc  be  recovered  before  any  Jullice  of  ihe  Peace  (or  theufe  of  faid   town. 

XVIIf.  Ani  be  it  furth.  r  er.jcleJ  by  the  authority  «/ ,  ejaid,  that  no  perfon  (hail  drain  a  horfe  in  any.  public  ftreet  \i>. 
the  town  fo.  as  to  endanger  the  lives  ot  children  or  other  ht';  i.  fs  inhabitants,  nor  fhajl  it  be  lawful  for  any  peif  n  to 
difcharge  any  fire-arms  within  the  bounds  of  iaici  town  exa  pt  on  mul  er  d  iys  or  on  other  public. ■ferv.icc  ;  and  every 
perfon  offending  agakrtl  thefc  regulations  lhall  be  fined  by  the  conini  lTioner»  in  a»y  futn  iiot  exceeding  tweny  (hillings, 
tj  be  recovered  belore  any  Julbce  of  the  Peace  of  the  county  ol  Chowan,  antl  for  the  ufe. of  the  faid  town. 

And  whereas  the  court- houl'e  in  Edenton  has  been  ranch  injured,  and  is  lubj.c't  to  ttpeate.d. injuries  lr«m  the  want  of 
proper  care  : 

XIX.  Be  it  therefore  encned  by  the  authority  af'.refaid,  that  the  '  commiffior.ers  a'orefai.i  (hall  repair  the  faid court- 
houfe  and.  keep  it  in  order,  for  which  repair  they  lhall  pe  pa  d  out  of  fucfi  money  as  has  been  collected  or  n  ay  hereaf. 
ter  be  collected  for  the  purpofe  of  erecting  a  pri'on  or  court  h.oufe  in  the  town,  oi  Edtr.(cn  for  the  ajitrjet  of  Edenton. 

And  whereas  the  fire-engine  of  the  laid  town  is  greatly  om  »1  repair,  and  feme  parts  thereof  entirely  deitroyed  : 

XX.  Be  it  therefore  enadfo '  'y  ihe  authorhy  afore/aidt  that  the  faid.  lonimifliyners  lhall  ai:d  they  are  hereby  required 
as  focn  as  they  lhall  be  poilrfied  ol  a  fufficient  fund  for  that  pni  pole,   caufe  the  faid  engine  to  be  repaired,  and  when 

o  repaired  that  they  have  the  I  u  ie  worked  at  le:jft  once  in  every  month,  under  the  penalty  cf  five  pounds  for  every 
month  which  they  IhaMfneglect  to  hive  the  fame  done,  to  be  recovered  by  any  perion  who  ill  all  fue  for  the  fame  befere 
any  jurifdicrion  having  cognizance  thereof. 

XXI.  And  be  ft  further  enaSed  by  thenuihorilx  eforeftud,  ibet  the  commifficncis  are  hereby  empowered  to  purchafe 
fnch  a  number  cf  leather  buikets.for  the  tare- engine  as  they  may  deem  neceffary,  and  alfo  to  appoint  ten  perlrns  iu- 
hibiiants  of  the  laid  town  to  work  the  laid  fire  engine  ;  which  pertons  (liall  be  exempted  except  in  cafes  of  iniurrecliop 
or  invjfion,  in  confk^ration  thereof,  from  ah  oilier  public  fervice,  during  the  continuance  of  their  appointment;  and 
that  fuch  perfont  may  be  removed  at  any  time,   and  oil  ers  appointed  for  faid  iervice  in  their  ftead. 

XXII.  /tndbe  it- further  entitled  by  the  author  itt  afsrefaid,  that  in  cafe  of  any  alarm  of  fire,  all  perfons  inhabitants  of 
the  laid  town  u  ho  are  liable  to  ferve  in  t::e  militia,  lhall  be  obliged  to  render  their  bed  affifhnce  for  the  extinguifli- 
meat  of  the  fire  and  other  Cervices  incident  thereto,  under  the  penally  of  forty  (hillings  fer  every  neglect  to  be  reco- 
vered by  ihe  lomunilioners  by  a  warrant  belore  a  ]m't;ce  oi  the  Peace  ;  provided  thai  if  it  fhall  appear  to  the  faid  ,juf« 
•ice  by  the  affidavit  of  the  faid  *eVfon  fo  failing  as  aiorcfaid  or  otherwife,  lha:  he  had  a  rcafonable  excufe  fer  fuch 
neglect,  judgment  lhall  not  be  given  for  the  faid  penalty  but  he  lhall  be  difcharged.  The  faiJ  penalties  whenreco\'cr- 
^d"to  be  paid  to  the  town  treahuer  fer  the  ufc  of  the  toA'n. 


20J 
XX'II.  Ai.lhe  U  furtner  enacted  ly  the  atdhorUy  aforefaid,  that  no  perfon  finll  under  any  pretence  whatever  make  a- 
ny  fire*  or  caufe  any  .to  be  nuile,  on  the  what  Is  cr  in  the  ftreeis  in  the  night  time,  and  any  perfon  ofFtrd.rg  againft 
the  regulation  lhali  forfv.it  and  pay  tjic  turn  ol  five  pounds  tor  every  fuch  rft'encr,  to  be  recovered  before  any  juflice  of 
the  peace  of  the  county  and  tor  tl  e  ufe  >;  {  the  (aid  town  ;  r.nd  if  the  offender  mould  he  a  (lave,  he  rr  (he  fhall  on  con- 
viction receive  thirty- nine Lfhesen  his  or  her  bare  brck  ;  provided  faid  flave  did  not  act  by  order  of  his  owner  or  the 
perlo.i  having  the  care  c  f  fuch  (1  .■  c,  in  which  caie  Inch  owner  or  pei  Ton  lhall  be  iubjecl  to  the  above  fne  :  Provided, 
that  no  perfon  lhall  be  fubject  to  t  n  ii  penalties  until  the  commillioners  have  made  publication  of  the  regulations  luff. 
mentioned  for  the  f  .ace  ol  t'-.rec  months  ct  lead  at  the  doer  ol  the  ccurt-hcufe  of  Chowan  a  unty. 

And  whereas  the  regulations  heretofore  made  to  prevent   dealing  and  trafficking  with  Haves,  have  been  found  in- 
ent  to  prevent  that  danger'-us  and  pernicious  practice  : 

XXIV.  Be  it  eiu.clrd  by  tj)e  authority  aforefafd,  that  if "any  tee  perfon  finll  either  bey  frcm  or  fell  to  any  (lave  or 
Haves  v. 'thin  the  hmit .  i  t  the  laid  tov  n, '  r  lhall  barter  with  any  Have  cr  Haves  any  kind  ol  goeds  or  commodities  whatfo- 
cver  or  ether  thing,  without  a  permilhon  in  writing  from  the  mafter  or  miftref;,  or  any  other  p  rfjn  having  the  man- 
agement cf  fuch  flave  or  Haves,  every  fuel)  perlon  fliall  on  conviclion  befcre  any  juif.ee  ci  the  peace  of  the  faid  ccunty 
of  Chowan,  forfeit  ami  pay  the  i'um  of  ten  pounds,  to  te  levied  ol  his  or  her  property  as  other  recovei  ies  by  Jaw  for 
the  ui'e  of  the  faid  town,  ihhjeft  nevertheltts  to  the  ap.p?al  of  the  party  grieved  ;   and  if  the  offender  lhall  not  have 

n:  property  to  lausfy  the  judgment,   then  fuch  offender    lhall  be    committed   to  clofe  cuftody  and  lhall  remain 
ir>  prilbn  without  bail  or  ivair.pril'e  for  any  time  not  exceeding  three  months. 

XXV.  And  be  it  further  trailed,  bv  the  authority  afoiefaid,  that  if  ar,y  perfon  or  perfons  fliall  be  convicted  of  en- 
tertaining any  Have  or  Haves  in  his,  her  or  their  hcufe  or  houfes,  or  other  place  or  places,  in  any  manner  whatfoe- 
vcr,  tor  money  or  Qiherwife.  every  perfon  convicted  in  the  above  recited  .manner,  fliall  forfeit  and  pay  the  ium  of 
ten  pounds  for  the  firft  oft'er.ce,  and  the  Cam  of  twenty  pounds  for  every  other  offence,  to  be  levied  of  his  or  her  pro- 
perty as  other  recoveries  by  law,  and  for  the  lite  of  the  faid  town  ;  and  if  the  offender  fliall  be  unable  to  pay  the  for- 
feiture, then  fuch  offender  fliall  be  committed  to  dole  cuftedy,  aiM  fliall  remain  in  prilon  without  bail  or  mainprize 
for  any  rime  not  exceeding  fix  month--. 

XXVI.  And  be  it  further  enacled,  ly  the  authority  aforefaid,  thar  after  th.2  paffing  of  this  act  it  lhall  not  be  lawful  for 
ary  flave  in  the  tov.v.  to  hire  her  cr  bimleli'  out  or  exercife  any  wade  or  occupation  without  firft  producing  a  permif- 
fion  in  writing  from  tke  ov. ner,  or  other  perlon  having  the  management  of  fuch  flave,  directed  to  the  commifiioners 
cvf  the  (aid  town,  who  Lhall  thereupon  (if  there  is  nojuft  caufe  to  the  contrary)  caufe  the  laid  permiliicn  to  be  enter- 
ed by  the  towncleik  in  their  hook  and  fiied,  lor  which  the  owner  ol  the  faid  Have  fliall  pay  to  the  cle'rk  a  fee  of  four 
{hillings  ;  and  the  commillioners  or  a  majority  of  them  fluil  grant  a  licerce  under  their  hand  and  leal  to  fuch  Have  to 
hire  h«  r  or  hjmlielf  out  for  any  time  not  exceeding  twelve  months;  and  any  Have  having  a  licence  as  directed  by  this  act 
may  hire  him  or  herieif  out,  and  may  lawfully  be  hired  bv  any  perlon  or  perfons  whatfeever  ;  and  if  any  perfen  af- 
ter the  p  my  i'ave  or -flawesln  the/aid  town,  without  luch  licenfe  from  the  commifiioners  as 
directed  by  this  aft,  he  or  (he  lhali  t'oi  lei:  and  pay  the  fum  of  five  pounds  for  every  fuch  offence,  to  be  recovered  he- 
fore  any  juftice  ol  the  Peace  of  the  otunty,  and  for  the  ule  of  the  faid  town.  Provided  always,  that  nothing  herein 
to., tiii'i.  J  uiuil  ext;nd  or  be  couifr'-ed  to  prohibit  any  perion  or  perfons  rciiciing  in  the  faid  town  from  hiring  out 
their  ihvcs,  cr  in  eraplqyinc  inch  (laves  in  esercifing  any  trade  or  occupation  under  the  immediate  direction  of  their 
owners,  fo  ihat  luch'iijve  crfiues  be  not  permitted  tcrcceive  the  wages  contracted  for,  but  in  all  fucli  cafes  the 
owner  or  the  perfon  having  the  care  of  (ueh  fl^ve,  (ball  make  the    contrad  and  receive  the  monies  ariiing  therefrom- 

XXVLI.  Anibs  it  further  enabled,  by  the  authority  afore/aid,  that  in  all  acts  of  the  laid  comniilfioners,  a  majority  of 
them  lhali  conftku  e  a.qiu'um  for  the  purpoles  intended  by  this  aft. 

And  whereas  ic  is  neceffary  te  collect  .and  enforce  the  attendance  of  the  commifiioners  when  the  exigencies  cf  the 
*ewn  require  it  j 

XXVIfi.  Be  ii  therefore  en.-M  d,  by  the  authority  afortfaid,  thai  if  any  cornmifT.oner  (hall  after  notice  or  fummons 
fubfenbed  by  three  ot  the  co  nmi  lioners  and  countesligned  by  their  clerk,  fuch  notice  orfumnons  to  contain  the  time 
and  place  of  .meeting  and  to  be  let  tat  their  dwelling  houfe  twelve  hours  at  lealt  previous  to  fuch  meeting,  tail  to  give 
his  aite.  dance,  be  lhall  foefeit and  pay  twenty  fliilbngS,  unlefs  prevented  by  licknels  or  fuch  other  caufe  as  lhall  be 
fatisfactory  to  a  board  of  the  commillioners,  to  be  recovered,  before  a  Juftice  of  the  Peace  of  the  coun  y  and  applied  to 
the  ufe  cf .;  e  tow*.  Provided  always,  that  the  commillioners  fliall  meet  at  lead  due  in  every  month,  ar,d  fuch  meet- 
ing  lhall  be  on  the  firft  Monday  in  every  month. 

X! .  iX.  Arut  f>i  it  futthir  <  nafied  by  the  authority  afirefaid,  that  the  commifiioners  of  the  faid  town  (hall  annually  in 
die  mouth  of  January  publn'h  sn  accurate  lift  cf  the  taxes  levied  and  collected  in  faid  town,  together  with  a  lift  cf  each 
I'um  expended,  to  whom  paid  and  hr  what  purpole  ;  and  the  cominiffioriers failing  to  comply  vvit.i  the  fame  fliall  for- 
feit and  p-iy  the  '.'urn  of  fifty  pound,,  to  be  recovered  by  any  perfon  who  lhall  lue  for  the  fame  within  twelve  months 
ifter  fuch  offence,  before  any  juvifdiftion  having  cognizance  meteor,  one  half  to  the  prolecutor  the  other  half  to  be 
paid  to  the  trealu.-er  ol  the  town  for  the  ale  of  the  laid  town  ;  which  fum  lhall  be  levied  of  the  proper  goodsand  chat- 
tels of  the  faid  commifiioners  cr  eijdjier  of  them. 

XXX.  4nd  be  it  further  enacled,  by  the  authority  aforefaid,  that  the  commillioners  who  were  rhofen  in  the  mct;th  of 
Jidv  raft  3re  Hereby-' veiled  with  all  the  powers,  authorities  and  pre-eminences  as  direfted  by  this  ait. 

XXXI.  And  be  it  further  enacled,  tha:  all  acts  and  parts  cf  acts  heretofore  palled,  for  the  regulation  of  the  towncf 
JEdenhn,  lhall  be  and  they  are  hereby  repealed  and  made  void. 


2C4 

C'''A7-  XXIX,   Anattfm  '   ■  ■.'"'',.-•-,-■.••  •  TavcUeville. 

Vl/1'  i  :  orits.towns  a;id  encoura&J  'their  rr    !'c 

de  tor  thei  |  thq  town    ol 

»rs  during  the  laie  war  i  \       refchoten,  and-fomelotsiriay  remain  uhcinveyi 

.,-,  and  doubts  may  arife  conq  ining     te  titles  cp  tjbtenjame 


•  .  i- ."..■vvs.w.urc  palled  for   me.rep-u. 

latum  of  the  faid  town,  (hall  be  and  are  hereby  confi  mid,  and.liiall  be  reeeiv.eJai  evidence  inanv'  court  of  1    . 

quit  v.,  ' 


in>,  officer  and  infpeftprs  fhail  jn  :c  of  Inch,  of  the  .electors  as  choofe.to  attend  examine 

ris  having  the  greaiefl  number  of  h  -.tied,-  firftgivino-  teri'days'  pr'evi^ 

wis  notice  by  public  adven  pounds. for  every  jiegi?ci  or  ref 

aaioii»1  debt,   I  e!«  re  any  whofltaH  hie  fbrtl 

after  fAich  negledt  or  reluU;  one  h  .  lelf  to^epiiditp.the-  trealuVeroHhe  town I 

ufe  of  the  town  |  ancl  the  Conimiflioners  fc  i  etheyantero  fcu  iou;  of  their  bi 

lowingoath  :  «  I  A.  B.  dpfvea'r,  ti  mer-jor,ihtivmn'of¥\i\6\ 

agreeable  to  law,  and  to  the  be)  . .     Sohtlpme  God*" 

III.  And  be  it  further  entitled,  na*  the  commiiliones  -n.r  me  of   r!  ieir  body  to 

two  for  that  year  to  receive  apd  acc^mi  for  the  toy  ti  mon  siSj   ior  whicfi  a  r     al:  i  i  ntry  (hall 
bemsde  in  a  book  keptfor  thst  purpofe,   and  upon  the  .  ofa  uew  tueafurer  tde  old  one  ■;'■■   .  |y 

pafs  his  account  with  him  and  |  lance  thei  >  his  hands*;  ?ra«^,.*hat  befrh-eMuchtreafurer  enters 

upon  his  offi;e  he  f\u{\  give  baud  with  good.iecurity  p*)  ^ietoihscommiffianeasJorthsfaii'  Ee  of'Iiis  dti. 

ly. 

IV.  dud  be  it  further  entitled,  by  the   aut  bfi  commuTmnera  of  the  fii4«9Wfl  (hall   choofe   and 
t  a  proper  perfon  to  be  their  clerk  or  the  faid  to.ui,  to  ai'l  as  fuch  dm  ii:g  good  behaviour,  who  (hall  be    allow. 

cd  a  realonabe  falary  and  enter  into  Jbond  to  the  I  town  and  tl  i  two  fuffi'cient 

ties  in  the  fum.of  two  hundred   and  Jittypquods  lawful  rnsiiey  of  this  (late,  for  the  due  and  faithful  execution   of 
M  office  md  the  null  repofed  in  him,   fpr  thefafc  |  the  books  an  ut  into  his  care  and    keeping   a 

,air  "':  ,:'"na!  °f  thc  proceedings  of  the  TOraniilJienens  daring  his  continuance  in  Phe  faid  (  Sice  ;   and  ihe'Vaicj 

clerk  is  heicbv  authorited  and  requeiled  to  demand  and  receive  from.  »•  imperious  i  he   lame 

maybe,  all  the  books,  journals  and  papers  belonging  t<  bicH  veere-'in  the  care   and  poneifion    of  iha 

former  Commiffioners ;  to  which  ;  andpapets  all  peifofls JhaHIuve  free  aecefs  on  paying    iwo  foillihes 

Wider  the  penalty  of  forty  mUlings  for  every  reiufal.  ^ 

V.  And  be  it  fur  t  ,  that  the  commiffioners  of  the  town  fo- cboferl  and  qualified 
agreeable  to  the  direction  of  th  '..-and  they  are  hereby  incorporat.  d  into  a  bod*  pplibjc  and  corporate  by 
t!v:  name  of  the  conimiHioners  of  FdyetUviilr,  and  by  that  name  to  have  annual  GiccfUion  I  y  the  i  I  he  free- 
holders and  freemen  as  by  this  adt  is  I  .  I  .a  common  fi  ',  and  th  -f  and  their  fucceflbrs-by  the  name  a'forefaid 
fliallbe  able  andeapable  inlaw  to  have,  parchafe,.  receive,  pofiels  and  retain  to  them  arid  thfcir  fbcceflbrs  forever  In 
tfuft  for  la  d  town  snts  and  tenements  of  wbai  kind,  nature  or  qmllty  whatfoever,  ar.d  alfo  grant,  feii, 
demife,  alien  or  difpofe  of  the  -fame,  alto  to  receiv&and  take  any  gift  or:do  rto  ri;c  faidxdwn,  and 
alio  by  the  fa                   ,  fue  and  implead,  be  lued  and  impleaded,  anfwe*a»d   be  anfwerei 

icver,  and  from  time  to  time  and  stall  times  hereafter  to  make  well  rules,  orders,  regulations  and    ordinances 
as ,.to  them  (lull  feem  meet  for  repainog.tDe  ftreeis^appoia  i         bbleai  ^oVn' watches   or   • 

and  making  proper  allowances  by  fees  or  otherwife  for  fuch  iervices,  and  for   all  fuch   other  Weceflaly  ordi 
i  (ijes  and  orders  which  may  tend.  to.  the  adv,  ,ent  and  good  governmen(«  of'  the  laid  town;    and. the 

fa.idndes,  ©romances  and  is  from  rfime  to  time  to»alter,  di*nge,)  araei   I  r  as  to  the   faid    com- 

miflioiiers  or  a  ujaj  rity  of  them  (hall  leceffary  5    and  Ihall  alio  have  npfe  power  ro  c  : 

ind  obfervance  to   fuch   i  by  laytag-  fines  and  penalties  otf  thc 

i  nut  exceeding  fwepeunds  ;   and  in  ( 
,   the  ia.d  penalty  to  be  recovet  limegj  to  bo  inflitfled  in  manner  hereafter   mention, 

"at  fitch  nil  t  with  the.  co  sofiheland. 

And  wsisthat  of  making  bye-laws  anifej 

ment  ot  the  faid  to.vn,  and  it  has  been  found  inc  i  id  often  i  nprnco'c  hie  to  cad  to 

,  whereby  the  faid n  .  .  i:ions  arc  ncv( 
i  for  re  nedy  ft-herejf; 


2oe 

VI.  B.-it  tntHed,  by  the autisHfr tfere/iill,  tint  a-prop?r  ->:rroi  frn'l  Us  eleled  at  the  t!m3  and  in  the  manner 
herein  directed  for  rh~  election  of  co  nmiflloners,  who  .Hi  iii  i>e  called  the  raagiltrateof  pal  ce  tor  the  faid  town,  whofe 
duty  it  (half  be  to  enforce  obedience  to  th?  laws  and  piirtift  oiEi.nlers,  an  J  (hill  be  and  is  hereby  authorifed  to  ilTus 
his  uamnt  directed  to  the  ihenffor- his  deputy  fheri'F,  or  to.vn  conftable,  to  futnmon  all  tlie  oiF;ndc-rs  a.^ainll  the 
laws,  rules  and  ordinances,  made  and  provided  f;ir  the  regulation  of  the  laid  town,  to  appear  before  him,  and  ori 
their  conviction,  which  (hail  be  in  the  manner  of  cri  its  before  Juftices  of  the  Peace,  the  ia.d  magistrate  is  hereby  re- 
quired and  aj'h.irifed  tagive  juJ  gthsnt  anj  award  exe:trian  agreeable  to  the  laws,  rules  and  ordinances  provided  for 
tne  government  of  the  laid  town  ;  which  warrant  or  execution  the  faid  Iheriff,  depmy  (heriff  or  conflable  is  hereby  re- 
quired to  execute  ;  and  on  fuch  trials  or  en  |Uiries  is  hereby  authcriled  and  declared  to  poffefs  all  the  neceffary  powers 
to  adminifhr  oaths,  and  fubpeena  and  examine  wimeiTes  ;  and  (hall  take  the  following  oath  before  he  enters  on  the 
executoi  of  his  effice,  "  I  A.  B.  do  /Aemnly  faiear,  thai  es  a  magifjrate  of  ptlice  for  the  town  o/Tayetreville,  I  will 
dr>  equal  right  in  all  cafes  whatfocver  to  the  belt  tf  my judgment  and  according  tt  the  laj  s,  rules  anA  ordinances  made  for 
the  good  government  of  the  /hid  town  ;  ell  fines  and  a'r.ercemcn's  that  may  happen  to  be  made  I  -will  caufe  to  be  duly  return- 
edto  the  prefer  office  ;  and  in  all  things  belonging  to  my  office  during  my  continuance  therein,  1  will  faithfully,  truly  and 
jufily,  according  to  the  b.ji  »f  my  fkill  md  judgment,  do  equal  and  impartial jafiu e  to  the  public  and  to  individuals. 

Vll-  And  be  it  furthtr  enabled  by  the  authority  afovejaid,  that  the  commillioners  of  ibe  I'aki  town  Ihall  annually  levy 
a  tax  not  exceeding  nine  {hillings  on  every  hundred  pounds  value  of  tr.xable  property  within  th*  faid  town,  and  a  pro- 
portionable poll  tax  on  all  periens  who  do  rot  pofTefs  in  the  faid  town  the  value  of  one  hundred  pounds  taxable  pro- 
perty, which  tax  ihall  be  collected  by  a  warrant  under  the  hands  and  feal  cf  the  comn.illioners  directed  to  fuch  perfon 
as  they  appoint  for  that  purpofe  ;  and  the  collector  to  be  appointed  as  aforefaid  i3  hereby  empowered  and  directed  to. 
collect  and  make  dittrefs  for  the  fame  in  like  manner  as  collectors  of  public  taxes,  and  the  monies  arifing  therefrom 
after  deducting  five  per  cent,  tor  commifiions,  (hall  by  him  be  paid  into  the  hands  of  the  town  treafurer,  to  be  by  the 
commiffioners  applied  and  laid  out  in  clearing,  cleaning  and  repairing  the  (treets  and  pubic  palTages,  paying  officers 
for  tranfactin g  the  balinefs  of  the  town,  and  in  Inch  other  public  work  and  bufinefs  at,  the  comnniiioners  may  deem, 
neceflary. 

And  the  more  effectually  toafcertain  thetavable  property  within  the  faid  town  :■ 

Vlil.  Be  it  enacled,  by  the  authority  afore'iaid,  that  every  inhabitant  thereof  (hall  yearly  at  the  time  he  (hall  wive  in 
his  taxable  property  tobeaffigned  for  theule  of  the  ffate,  diftinguifli  in  the  lilt  he  Ihall  return  what  part  thereof  is  li- 
tuated  within  the  faid  town  ;  and  it  any  inhabitant  (had  fail  (o  to  do,  the  commifiioners  (hail  and  may  order  the  town 
tax  to  be  levied  to  the  whole  amount  of  the  taxable  property  of  the  perfon  lb  failing  asaforefaid  although  part  there- 
of may  no:  fee  within  the  (aid  town,  any  thing  herein  contained  to  the  contrary  notwithstanding  :  And  it  is  hereby  de- 
clared, that  every  perfon  inhabiting  or  occupying  any  heme,  or  other  building  or  improvement  or  "lot  within  the  faid 
town,  (hall  be  liable  to  the  payment  cf  the  tax  cnereof,  unleis  the  lame  fhaii  have  been  returned  by  tome  other  mha-. 
bit  art. 

And  whereas  encroachments  may  be  made  on  the  ffreets  cf  the  faid  town  by  erecting  piazzas,  porches,  platforms 
and  other  buddings  thereon,  and  the  inhabitants  and  others  greatly  incommoded,  and  injury  may  arifc  by  fire  being 
communicated  acrols  the  (treets  thereby  :   for  remedy  whereof, 

IX.  Be  it  enacled  by  the  authority  cforefjid,  that  the  commiffionefs  of  the  faid  town  «m  hereby  empowered  and  re- 
queued to  order  all  inch  encroachments  tro.n  which  danger  may  be  apprehended  to  be  removed,  under  fuch  pains 
and  penalties  as  they  fhall  think  neceflary  to  impofe  j  and  where  any  encroachment  (hall  be  found  on  any  Itreet  or 
(treets  fiom  which  no  immediate  danger  is  to  be  apprehended,  the  laid  commiffio  ers  Ihall  impofe  a  ground  rent  not 
exceeding  forty  (hillings  to  be  annually  paid  for  each  piazza-,  porcti,  platform  or  other  encroachment on  tlie  ltreet, 
adjoining  to  or  being  before  any  one  houfe  or  tenement,  to  be  applied  t#  the  pubic  itock  of  the  town;  and  if  any 
perlon  lhail  refufe  or  neglect  to  pay  iuch  ground  rent,  the  f;me  Ihall  be  levied  by  a  warrant  under  the  hands  and 
ieals  of  the  commilfioner;,  directed  to  a  conitable  or  other  officers  to  be  by  them  appointed,  on  the  goods  and  chat- 
tels of  the  delinquent.  Provided  always,  that  uncovered  piazzas  or  platforms  and  uncovered  porches  not  exceeding 
eight  feet  wide  including  items  and  cellar  doors,  ibali  not  be  liable  to  pay  any  ground  rent;  any  thuig  herein  contained, 
to  the  contrary  notwithltandng. 

X.  And  be  it  ft  rthcr  ernclzd  bj  the  authority  aforefald,  that  no  perlon  (hall  be  deemed  qualified  to  act  as  a  commiffi- 
oner  of  the  town  of  Faysttev'tlle,  unlets  he  is  an  inhabitant  of  the  faid  te«rn,  and  hath  a  lot  of  land  therein  with  a  houfe 
on  the  fame  of  no  lefsdimeniions  than  twenty. four  feet  long  and  fixteen  teet  v\ide,  with  a  brick  «r  itone  chimney  to  the, 
fame  ;  and  every  perfon  who  is  a  freeholder  in  the  faid  town,  and  every  free  man  who  has  relideU  i  herein  fix  months 
and  has  paid  public  taxes,  Ihall  be  qualified  to  vote  for  faid  sommiflioners. 

XI.  Ard  be  it  further  enacled,  that  the  faid  commiffioners  are  hereby  fully  atithorifed  and  particularly  required  and 
directed  to  make  fuch  laws  and  regulations  as  they  may  deem  neceflary,  to  prevent  hogs  runnirg  at  large  in  the  laid 
town,  flaves  from  keeping  houfes  without  a  licenle  from  the  coniraiffioncrs:  ard  to  prevent  all  perfons  from  dealing 
with  (laves  not  having  tickets  trom  their  matters,  mittrefies  or  overfcers,  and  to  make  Iuch  other  and  further  laws 
and  regulations  refpecting  the  fame  as  they  may  think  expedient.  Provided  nevtrihelefs,  that  regulations  rejecting 
ho£S  or  other  l!ock,  (hall  not  be  confidered  to  extend  beyond  the  prefent  limits  of  the  town  :  And  provided  aljo,  tfiac 
the  powers  hereby  committed  to  the  faid  commiffioners,  (hall  not  be  conltrued  to  extend  to  the  imprifonment  of  any 
Have  ss  a  pvmilhmeut,  cr  in  any  inftance  to  exceed  the  punilhment  of  thirty  nine   ladies.     Provided  that  in    all  cales 

F$  


eo6 

■where  any  pcrfon  lhall  be  CKfialished  with  the  judgment  of  the  faid  cdmramhiijers,  he  lha!l  have  tli!  liberty  cf  appeal- 
ing thtret-om  to  the  ccurt  of'p'.easfand  quartet   leflions  i  i  the  county  of  ( xmbertand. 

XII.   /tnd  bd  it  further  encifed,  that  all  fcrtnpr  acts  Rndclaufes  of  a£ts  ^herfetofore   paiTed    within  ti:e  purview  and 
meaning  or  tkisact,  (ball  be  and  the  lame  are  hereby  repealed  and  made  void. 

Chap.  XXX.   AnacTitoimpowner   the  ndmhtifirators  of  Samuel    Swan,    of  New-  Hanover  County]  F.fquirc,  deceafed, 
to  fell  and d'fp-fe  of -part  oj  the  real cjlcte  of  the  fa- a  Samuel  /or  the  payment  of his  d  ,;j,  in  oftdtr  tp  make  the  bctterpro- 
viuoM  for  his  f dm/ft  etndalfi  to  make  conveyance  for  fuch  pari  oj  tbt  real  cjic-.te  as  was  fold  by  tbefaiaSamus]  in'hii  ife 
time'. 
\'h    HEREAS  Mildred  S-w  an,  widow and  admitdflratris,  and   Frederick  Jones  and  Archibsld  Marline-,  admir.ilba- 
VV     tor»  of  the  goods  and  chattels,  rights  and  credits  winch  were  of  SaniWet  Swan,  late  of  New-Hanwer  county,  8  q. 
deceafed,  have  rat  relented  to  this  Genera]  Aflembly  that  the  laid  Sa'm:cl  Swan  died  indebted  in   leveral    conliderabie 
funis  of  in  ancy,  and  notwithstanding  a  lar^e  payment  made  by  tie  adminiltraiors  (ince  his  death  that  there  is  Ihil  due 
a  fum  at  leait  equal  to  (he  value  of  the  perfonal  eiiate  :   and  whereas  the  faid  adminillrators  have  farther  reprdentud  to 
the  fsthfaSion  of  .this.  General  AiTercbly  that it  was  the  in:»ntion  of  the  faid  oV.'to.WS'u',:;*  to  fell  and  dilpofe   of    the 
greatef:  part  of  his  real  ciLate  ior  the  difcharlge  ci  i  i  j  debu  in  order  to    make  the   better    provifion  for  hi*  family,  and 
tiiat  he  had  in  his  life  time  difpofed  of  Pome  p.irt  thereof  tor  which  conveyance  had  not  been  made  :  in  order  therefore 
that  the  laid  adminiitrators  may  be  the  better  cnabied  to  pay  off  the  debts  of  the  eitate,  and  that  there  may  be  a  produc- 
tive efhte  referred  for  liis  widow  and  children  : 

I.  Be  it  enacted,  tv  the  General  stffemtly  0/  the  State  {/"North-Carolina,  ar.d  it  is  hereby  en~Hed,  ly  the  authority  of 
the/sme,  that  it  lhall  ami  may  be  lawful  for  the  fa  id  adminiltrator.s,  the  furvjrer  or  furVivurs  of  them,  and  they  and 
every  of  them  are  hereby  enabled  and  enapoJ*  tied  tr  ihey  lhall  lind  it  expedient  and  ncctiJ'ary,  to  fell  and  dilpofe  of 
all  and  lingular  the  real  eltate  which  was-  ol  the  faid  Samuel  Swan,  except  the  plantation  and  lands  in  New  Hanover 
county  on  which  the  icd  5*  muck  ufuaBy  r  elided  commonly  c.died  the  oak,  and  to  make  conveyance  for  the  lame  to 
the  parchafers  thereof,  thereby  I  mfivrj  ing  toeach  pnrchafer  and  their  hairs  rcpcUi-eiy  by  the  virtue  of  tin  power 
given  by  this  aft  all  the  rtgbti  li  >,  :ii  ereil,  claim  and  demand  whatlecver  therein  and  thereto  ol  which  the  faid 
ti&nvel  Swan  died  feiz.-d  and  pofl't  fled  ;  and  alfo  in  1  ■he  mi  nner  to  make  conveyance  for  I'uch  parts  oi  the  laid  real  el- 
tate as  had  been  fold  or  agreed  10  be  lold  by  the  faid  Samuri  Sw#*  in  h.»  lite  time,  and  the  monies  ■  ariling  by  fuch 
fades  to  be  afiei*Jn  the  hands  of  the  (aid adminiftratitrs  :  Provided .qfautft,  tha*  before  any  fale  lhall  he  made  of  any 
part  cf  the  re«!  eiiate  of  the  faid  'a  nuel  Stean  as  afore  laid,  the  laid  .oiuriiU;-.tor»  (hall  give  iv.  n<i  with  fecui  iry  in  dou- 
ble 'die  eiiimated  valua  or' the  lands  intend,  d  io  be  fold  by  virtue  of  this  act,  if  me  lecuriiy  already  givteh  for  the  ad- 
jninah ators  (hculd  be  adjudged  by  tie  court  of  New-  Hanover  ce-unryto  be  infufEcient  to  cover  the  real  eftate,-  lor  the 
true  and  faithful  dHcnarge  of  t!;e  truft  repofed  in  them  by  this  act. 


Chap.  XXXI.  /n  acl  to  charge  the  efhite  c/Ko.iorie  Geroud,  lateHflhe  town *f  Ihtalifax,  deceefisd,  -with  tie  pifyniettt 
of ell  his  iufi  delis,  and  to  prefer  ihejiime  fj  the  title  acquired  by  ihisjlate  in  tht  property  which  was  (.f  the  fa)  a  Geroud 
in  conference  of  his  felf  murd.r. 

WtiKaiEAi)  Hornne  Geroud,  late  of  the  towncf  Halifax  in  this  ihte,  in  conlequencc   of  his   felf-murder  ha3  for- 
feited to  the  p  iblic  all  his  perional  property^  whereby  his  creditors  are  likely  to  be  deprived  of  a  remedy  for 
the  recovery  of  their  juft  debts  : 

I.  Be  it  therefore  enciled  by  the  General  Affembiy  ofthejlate.  (/"North  Carolina,  and  jt  is  hereby  enabled  by  the  aulho> 
rity  of.  the  fame,  that  the  adminiftrafors  of  tne  laid  Homrie'Geroud  fliall  make  payment  out  of  his  perfonal  property  (to 
be  difpofed  of  as  the  eliate  pi  other  intelt.ues  with  relpect  to  die  dilpofal  thereof)  of  all  debts,  duesauc!  demands  jeit- 
ly  due  and  owinu;  from  the  laid  Honcrje  Geroud  at  the  dmc  oi  his  death,  and  the  jelidue  of  the  lad  eltate  (hall  be  dif- 
tributed  te  the  next  of  km  to  ths  laid  ihnoi  ie  Grrcud,  agreeable  io  Uie  la?,  s  made  and  provided  for  tiie  datnbutioii  of 
the  eltates  ofperloiik  dying  ir.tefiaie  in  other  Cafes- 
7  he  lufi  Sefiien  in  M.  '..   L. 

Chap.  XXXIII.  An  a!l  to  rtiltre  to  Hugh  Rofs,  c/ Anion  county,  Jhe  lar.dhy  him  forfeited  tothef/ate. 

WHEREAS  it  appears  by  a  relokuion  of  thelail  A/Temb!y  that  it  was  their  funic  the  lands  of  Hugh  Rofs   by   him 
forfeited  to  the  Hate  Ihould  be  agaia  reftored  iiim  : 
I.   Be  it  therefore  eroded  by  the  General  •Ifftmbly  of  the /late  c/Nerth- Carolina,  and  it  is  hereby  er.tScd  by  the  autho- 
rity of the  fame ,  tha;  the  land  of  Hugh  Rofs  ot  Anfon  county,  by  him  forfeited  to  the  hate  in  confequepce  cf  his  atrach- 
ment  ta  the  Britifli  army,  be  and  the  lame  it  hereby  fully  veiled  in  him  and  his  hcirsand  afligns ;  any  law  to  the  cca- 
f  ary  notwithdanding. 

.'•I.  And  belt  further  encSed,  that  in  cafe  any  of  the  above  mentioned  lands  have  been  fold  by  .he  co:niiiiriioner  of 
-•contifcated  pre  perry  for  the  diiir:&  in  which  it  is  fuuau,  t  len  and  in thafcaje the  W&iiugh  liojs  lhall  be  entitled  tc 
ithe  nett  proceeds  thereof  out  of  the  public  treaiury  of  tbisitace. 


2oy 

Chap.  XXXIV\  An  cfl  '■    'fit  'nt  a  tru/iee uxjhe  rco/n  ofi  James  Safrpibn,  fcfqu\r'e,  dccmf-d.  tiho  fcgetter  with  fthers 

was  appoint 'eJ a  tru'lee  .   r  '  ./i'>-J  /v.V-,;,.  ^  ,    j   .  n  .  t\  j  .  ffitntly  j  offid  at  Fayei   ev:lle.  c;:e  tl.'.ifand  fe~ 

*ndred,$nd  eighty Jiven,  entitled,  An  ifl  to  vt ft  in  truliees  certain  powers  for  the  benefit  df  Elizabeth  Torrent 

and  her  children.     />.    iQ-:. 

T  T  7I1SR.KA3  by  an  aft  pi  ihe  General  Affembly  paffed  at  Fayeitev:fle  trie  (ixth  day  of  January  one  rhonfand   fevrn 

VV    handred  and  qighty  leven,  jama  'Kenan,  jol.n  Molten,  and  Jam  s  Samp/an,  tfqnirts,  were  appointed  truf. 

ices  tor  the  poi  poles  therein  mentioned  :  and  whereas  the  faid  Jet  es  Sarnpfin  hath  fince  deceafed,    wheteby  the  in- 

■tentions  of  laid  sa  has  net  havlits  ciiccl :   and  whereas  the    faid   Elizabeth   Torrens   Is  defircua   that  a   proper  perfon 

iheu! J  be  appointed  in  the  room  and  (tead  of  the  laid  dece.ftd  :   in  order  therefore  that  the  faid   aft   fhould  have  its 

prtper  effect  : 

1.  Bdit.cna3t.dhy  the  General  AJfonll\  oj  tie  /late  of  N'orrh  Carolina,  and  it  is  her  ebt  evaded  by  the  authority  of 'the 

tr-at  David  Smith  ba  and  he  is  hereby  nominated  and  appointed  a  tjrufteein  the  room  and  (read  of  James  Samp- 

fin,   Efquirc,  decealed,   who  on  complying  with  the  requilites  of  the  faid  le.ued  aef,  is  hereby  declared    to  have   e- 

qu-.l  powers  and  .<uthorities  with  thcie  appointed  in  ana  by  ihe-faid  act,  and  (hall  Le  lubjeft  to  the  like  restrictions  and 

penalties. 

Chap.  XXXV.   An  nil  to  emancipate  certain  perfons  therein  mentioned. 

WHEREAS  jfgtrtOM  Willis,  iate  of  Bladen  county,  was  in  his  life  time  poflefled  of  a  certain  (lave  called  Jofeph 
and  in  conlideration  of  the  fervices  of  him  the  faid  Jofeph,  and  the  particular  obligations  he  conceived  hirofeff 
under  to  the  faid  Jeftph  for  his  h'dtlity  and  aitentiun,  did  by  his  lalt  will  and  teflamSnt  cievife  to  the  laid  Jefephhh  free* 
doin  and  emancipation,  and  did  alfb  give  ulnfo  the  faid  Jofeph  a  coniiderable  property,  both  real  and  perlonal  :  and 
whereas  the  executor  and  next  of  kia  to  the  faid  Jofeph  d;d  in  purfuauce  of  the  faid  will  take  coeinle!  thereon,  and  were 
well  advifed  that  the  fame  could  not  by  any  means  take  effect,  but  would  be  of  prejudice  to  the  laid  11  ive  and  fnbject 
him  (Vilas  property  of  the  laid  dgerton  Willis  •  thereupon  the  hid  executor  "and  next  of  kin,  together  with  the' heirs 
cf  the  faid  Agerfon  Willis,  deceased,  did  caule  a  fair  and  equal  distribution  of  cite  laid  eltate,  as  well  to  do  equity  and 
juftice  in  fchefaid  cite  to  the  tiidl^yeph,  as  in  pursuance' of  their  natural  love  and  affe&ion  te  the  i'a\d  Agerton,  and 
did  refolve  on  the  freedom  of  the  laid  Jojeph  aridtogfve  an  equal  proporron  of  the  faid  eiiate  :   wherefore, 

I.  Be  it  i,nscl  -d  by  the  General  A/femih  ot  the  /late  of  North-Carolina,  and  it  is  hereby  enaclrd  by  the  authority  of  the 
fame,  that  from  and  after  the  palling  of  this  act,  the  (aid  Jofeph  ina:I  and  is  hereby  declared  to  be  emancipated  and  fee, 
free;  ard  from  henceforward  he  be  called  and  known  by  the  name  of  Jofeph  i¥  litis,  by  which  name  he  may  rake 
bold,  occupy.,  pafleJs -and enjoy  to  him  and  hit  heirs forever,  all  and  Singular  the  property  bo;h  real  ar.d  perlonal  fo 
given  him  by  tie  laid  dilinbution  cf  the  (aid  executor,  heirs  a;:d  next  of  kin,  and  by  the  laid  name  of  Jofeph  H'illis 
lii.:.l  bet  ceiorwwr-d  be  entitled  to.all  the  rights  and  privileges  of  a  free  perfon  of  mixed  blood  :  Provided  neverthek/'s 
inn  this  act  (hall  not  extend  to  enable  the  faid  Jofeph  'by nimfelf  or attorney,  cr  any  other  perfon  in  trult  for  him 
an  any  manner  to  commence  or  profecute  any  fuit  or  lnits  for  ary  other  property  but  fuch  as  may  be  given  him  by 
this  act  or  fuch  as  he  may  have  acquired  by  bis  own  induftry,  but  f  his  act  may  in  all  Inch  cafes  be  piead  in  bar,  and 
the  property  therein  given  beconfidered  as  a  full  and  ample  consideration  for  the  final  accomodation  ar.d  lettlement  of 
all  d  ubr-- concerning  the  freedom  and  property  eitiier  real,  perlonal  or  mixed  belonging  or  in  any  manner  apper. 
saining  to  the  faid  jofeph. 

And  wnereas  it  hath  been  made  appear  to  the  fatrsfaclion  of  this  General  AfTembly  that  Richard  Dobbs  Spaight,  of 
Craven  county .  Efqi  ire,  hath  contented  and  it  defirous  to  liberate  and  let  free  a  certain  muliato  girl  now  Improper- 
ly, called  or  known  by  the  name  oiMarv  Long  ; 

II.  Be  it  further  enacted,  by  the  authority  ajortfaid,  that  from  and  after  paffing  this  aft  the  before  mentioned  mu- 
huo  girl  called  Alary  Long,  now  the  property  cf  Richard Dcbbs  Spaight,  Efquire,  (hall  be  and  continue  liberate  and 
let  free,  and  (hall  thenceforward  be  entitled  to  all  the  rights  and  privileges  of  a  free  perfon  or  mixed  blood  in  this  (fate, 
and  by  the  laid  name  cf  Mmry  Long  (hall  and  may  receive  and  hold,  poflefs  and  enjoy  any  real  and  perfonal  eftale  or 
property  which  lhe  may  hereafter  acquire  or  beccmepoi'efled  of,  in  the  fame  manner  as  any  o  her  free  perfon  of 
mixed  blood  rright  or  ceuid  acqnire,  a:id  polTefs  the  fame  to  all  intents  and  purpoles  as  if  file  had  been  bora  free. 

Whereas  it  hath  been  repreien-.id  to  this  General  AfTembly  by  the  memorial  cf  jol.n  Allen,  a  free  man  cf  mixed 
blond,  that  he  hath  purchased  a  maiiato  woman  named  Betty  aiid  her  child  named  Alary,  which  woman  be  ha>  iong  li- 
ved with  and  coiifiticrcd  as  his  wife,  and  praying  that  the  General  Aifembly  would  be  pleaied  to  emancipate  and  fet 
free  the  faid  mulatto  woman  and  her  c)  i'd  ; 

III.  Be  it  therefore  tnacled,  by  the  authority  aforefaid,  that  the  faid  mulatto  woman  named  Bflty  and  her  child  Ma* 
ry,  lhall  be  ai  d  tl.ey  aid  each  of  them  „re  hereby  emancipated  ard  made  free,  and  they  and  t.-ah  oi  th  m  n.ay  here- 
after take  and  nfe  the  (irnane  o(  Allen',  and  are  hereby  declared  re  be  able  and  capable  in  law  to  poflefs  and  ei  joy  e- 
very  right,  privilege  and  immunity  in  as  ft.ll  and  ample  manner  as  they  could  or  might  have  citce  if  thty  had  beg» 
bt-rn  free. 


fo8 

Chap-  XXXVI.   An  aafor  afcerla'nlng  the  true  courfes  of  a  tricl  of  land  on  ^Jenfe  river  in  Craven  covnty. 

WHEREAS  it  has  been  reprelented  to  the  fatisfaclton  of  this  G:neral  Ailembly  thu  William  Good,  E.quire,  of 
the  town  of  Newbern,  is  at  this  time  (in  right  of  his  wife  as  heir  at  ]a  v  of  John  Aum/t-y,  dcceafVd)  in  adrual 
pofTeilion  of  and  juftly  entitled  to  a  trad  of  laud  on  the  louthfide  Ntufe  river  ab-  ut  eight  milns  oelow  Newbern,  con- 
taining two  hundred  and  feven  acres  more  or  lefs,  being  one  lixth  part  of  fourteen  hundred  and  forty  .teres  of  land 
patented  by  a  certain  Thomas  Cay  in  May  one  rhouland  leven  hundred  and  fix,  that  the  laid  (  aiy  divided  the  faid 
lands  into  fix.  equal  parts  and  fold  out  the  fame,  that  the  faidtix  parts  have  ever  fince  been  and-  now  are  fcp. irately 
held  and  pofkffed  by  different  perfoas  under  the  grants  of  tne  laid  Thontas  Gary  ;  and  it  further  appears  that  in  the 
deed  for  the  lecond  division  or  part  of  the  faid  land  from  Cary  to  Jacob  Slaubuck  and  in  all  the  fobfequent  grants  for 
faid  divifion  the  courfes  nave  been  erroneously  expreffed,  Jo  as  to  run  trous  the  river  edge  eatlwardly  into  the  river, 
inftead  of  weitwardly  from  the  river,  which  w_uld  be  agreeable  to  the  patent  lines  and  to  the  coarles  of  the  othep 
five  grants  for  the  remaining  parts  of  the  patent  land  :  and  as  it  appears  juft  and  realonable  that  the  error  before 
mentioned  fhould  be  fo  altered  and  rectified  as  to  include  the  landi  granted  as  a  part  oi  ttie  lane's  contained  in  the 
patent  of  Thtmas  Cary  aforefaid  : 

I.  Be  it  therefore  enafledby  the  General  Affembly  of  the  flaie  o/Norch-  Carolina,  and  it  is  hereby  erased  by  the  autht- 
rity  of the  fame,  that  from  and  after  paifing  this  act,  the  courfes  mentioned  in  the  deed  granted  by  Thomas  Cary  to  Jar- 
cob  Slaubuck  for  the  fecond  divifion  or  fixth  part  of  a  tract  of  land  on  the  fouth  fid;  of  Neufe  river  about  eight  miles  be- 
low Acjjbern,  being  pare  of  his  lands  patented  in  May  one  thoufand  leven  hundred  and  i;x,  which  courfes  are  as  fol- 
lows :  beginning  at  a  fweet  gum  on  tne  river,  thence  louth  twenty  erll  two  hundred  and  eighty  pole  toa  white  oak, 
ihence  fouth  eighty  eaft  one  hundred  and  forty  poie  to  a  pine,  thence  north  twenty  to  a  hickory  on  the  river  fide^ 
thence  weft  to  the  firit  ftation,  (hall  be  void,  as  none  of  thofa  courles  are  included  in  the  patent  lines,  and  in  place 
thereof  the  courfes  mentioned  in  the  faid  grant  from  Thomas  Cary  in  Slaubuck,  and  tne  courles  in  all  the  fubleqnent 
grants  for  the  faid  fecond  divifion  or  one  equal  fixth  part  of  the  lands  containad  in  faid  Cary's  patent  fhall  he  held', 
deemed  and  taken  in  law  and  equity  to  be  as  follows,  that  is  to  fay,  beginning  at  a  fweet  gum  on  the  river  fide  Willi-, 
sm  Ives's  corner,  and  running  louth  forty  well  three  hundred  and  forty  poles  to  a  white  oak  Ivrs's  other  corner,  then. 
Jouth  twenty  ealt  to  a  pine  John  Fooks's  corner,  then  north  forty  eafl  three  hundred  poles  along  Fooks's  line  to  his  cor- 
ner on  the  river,  and  then  to  the  beginning  :  at;d  tiie  laid  William  Gotd  and  all  others  holding  from,  by  or  under 
Lira,  his  heirs  or  alTigns,  lhall  be  confidered  to  have  and  are  hereby  iuvefted  with  as  good  and  abfolute  right  and  title 
in  fee-fimple  to  the  faid  lands  as  herein  before  defcribed,  as  he  or  they  would  or  could  have  had  or  poilcfled  had  the, 
errors  of  the  courfes  in  the  grant  for  the  lame  never  been  made;. 

Chat.  XXXVIII.  An  eft  to  ered  aid  eflahtifh  a  to~un  in  Rutherford  county  on  land  already  procured  by  the  commiffon' 
ersjor  thepurpofe  ofbui-d'wg  a  court,  houfe,  pr';/on  and  /locks  for  th:  faid  county ,  and  to  amend  an  ail  to  regulate  the  toivn< 
c/"Salifb'Jry,  and  J  or  author ifing  the  commijfioners  in  the  t»uw  c/ Halifax  to  lew  a  tax  onthejl.ivss  within  the  libertier. 
t hereof. 

WHEREAS  the  eflablifhing  and  erecting  a  town  in   the  county   of  Rutherford  on-  the  land  already  procured   as  a- 
forefaid,  would  be  of  great  advantage  to  the  inhabitants  and  be    a   conliderable   mean;    oi  railing  money  for - 
buildir.g  the  public  buildings  of  laid  county  : 

i.  Be  it  th'refore  enaclsd  by  the  General  Affembly  of  the  flat  e  cr  North-Carolina,  and  it  is  hereby  emclcd  by  the  autho. 
rity  of  the  fame,  that  Felix  Walter,  William  N  mill,  James  Whitefide,  James  Miller  and  7  homas  Rt-uland,  or  a  major- 
ity of  them,  be  and  they  are  hereby  appointed  commiilioners  to  erect  and  lay  off  a  town  in  Ruth/  rjord  county,  on  the 
land  heretofore  procured  for  creeling  thereon  the  public  buildings  of  faid  county,  and  they  are  hereby  authored  and 
empowered  to  lay  out  the  aforefaid  fifty  acres  of  land  into  a  town  of  half  acre  lots  with  proper  ftreeisand  alleys, 
which  town  when  fo  laid  oft"  lhall  be  called  and  known  by  the  name  of  Rutherford. 

II.  And be  it  further  enacted,  that  when  the  town  is  fo  laid  oft",  the  comrnifiionets  or  a  majority  of  them  fliall  re- 
ferve  twoof  the  l«id  lots,  which  to  them  fhatl  appear  mod  convenient,  for  the  purpofe  of  erecting  the  public  buildings 
thereon  ;  and  the  remaining  lots  lhall  be  lold  by  the  faid  commidioners  er  a  majority  of  them  fcr  the  purpofe  of  rai-. 
liug  money  for  compleating  the  aforefaid  pubiic  buildings,  and  the  faid  commiilioners  or  a  majority  of  them  are  here- 
by authorifed  to  make  good  and  iufficient  titles  in  fee  fnnple  to  tlie  refpeflive  purchafers  of  the  faid  lets. 

III.  And be  it  further  enaH<d,  that  if  any  of  thecommiflioners  hereby  appointed  lhould  refufe  to  act,  die  or  remove 
©ut  of  the  county,  the  furviving  commiilioners  fliall  be  and  they  are  hereby  empowered  to  elect  another  in  the  room 
of  him  or  them  fo  refufmg,  dying  or  removing. 

Whereas  frequent  dilputes  have  arifen  and  may  arife  in  the  town  of  Salifl-ury ,  concerning  the  property  and  boun- 
dary of  lots  :  for  remedy  thereof, 

IV.  Be  it  cnacled  by  the  General  Affembly  cf  the  flat  e  of  North- Carolina,  and  it  is  hereby  em/Hed  by  the  authority  of  the 
fame,  that  in  all  cafes  of  controverfy  concerning  lines  or  the  boundaries  of  lot!,  it  fba'l  ne  in  the  power  of   the  com- 

in'flioners  of  the  town,  tog<  ther  with  twelve  freeholders  living  in  faid  town,  whom  the  Magiltrate  of  police  fhall 
fummon  for  that  purpofe,  to  determine  fuch  difpute  lo  far  as  the  lines  may  be  in  queftion  ;  and  in  cares  where  the  o-- 
riginal  corner  or  cornel  s  of  a  fquare  n  ay  be  alcerta'ned  by  old  plats  or  furveys  the  con^niiflioners  and  jury  fhall  be  de. 
(e mined  by  the  fame,  and  the  intermediate  lefs  or  gain  (when  the  fid<  s  of  the  fquare  (hall  appear  to  be  too  fhort  or. 
sqo  lone  fr*:n  any  change  'hat  ht.ve  happened  in  i  he  level  cr  furf.ee  of  the   ground)  fhall  be   equally  divided  among 


the  feveral  proprietors  of  lots  in  that  fqjare,  anJ  nil  expsnces  of  fuch  fufvey  fln!l  be  equally  borne  by  fuch  proprie- 
tors. 

V.  And  be  it  further  enncl:d,  that  in  cafes  where  encroachments  have  been  made  upon  any  lot  or  p.-rt  of  lots,  by 
buildings  wnich  have  been  erected  through  ignorance  ci  the  true:  boundary,  the  party  encroached  up  >n  fiiall  not  be  at 
liberty  to  bring  fuit  by  ej  ctment  in  the  firlt  ir.lta.icc,  bus  on  application  to  the  com'i.iiTio  lers  they  ilnll  order  a  jury 
of  the  freeholders  of  iai  J  town  to  be  lummoned,  which  jury  and  conmiffioners,  together  'Aith  a  (worn  furveyor  (hail 
me  fure  and  value  the  ground  thus  encroached  upon,  and  the  offending  party  upon  paying  the  ccft  of  fach  furvey  t» 
be  afftffed  bythe  comthiffibners,  together  with  the  Whole  amount  of  the  valuation  money  of  fuch  covered  ground 
within  the  foace  of  thir.y  davs  from  the  time  of  the  p.ecrf;  to  the  party  olrended,  or  to  the  treafurer  cf  the  town, 
and  obtain  ng  a  receipt  for  tlie  fame,  (hall  be  veiled  in  a  e'ear  and  abiblute  title  to  fuch  covered  around  forever  ;  but 
in  c.ale  the  valuation  money  fliould  not  be  paid  by  the  party  trefpalfing  agreeable  to  the  orders  of  the  commilfioners, 
the  procefs  lhall  be  conriJered  ot  no  effect,  the  party  trerpafilngfltallpay  the  cofts  of  faid  procefs,  and  be  further  lia'> 
ble  to  a  iuitby  ejectment  ;   any  thing  in  this  act  to  the  contrary  notwithstanding. 

VI.  And  be  it  further  en.icled,  that  the  commiflioners  of  the  town  of  SAifbury  (hall  have  authority  to  appoint  a  fur- 
veyor for  laid  town  and  to  fin  his  fees,  and-to  determine  what  allowances  if  any  (hah  be  made  to  jurors  who  mav  be 
employed  in  fettling  difputes  reflecting  the  boundaries  of  lots,  or  any  other .bufinefs  they  may  be  lummoned  to  per- 
form  under  this  a.t,  and  by  whom  fuch  fees  and  allowance  (hall  be  paid  ;  and  the  faid  commilfioners  or  a  majority  of 
them  lhall  have  power  and  authority  to  appoint  an  entry  taker  for  fuch  lots  as  have  r.ct  heretofore  been  conveyed  by 
the  truftees  of  faid  town,  fix  the  price  of  fuch  vacant  lots,  eftablifh  the  fees  of  the  er.tiy.taleer,  and  make  fuch  other 
rules  and  regulations  rejecting  the  fame,  as  to  them  or  a  majcrity  of  them  fnail  feem  necefiary.     • 

Vil,  And  be  it  further  enac7ed,  that  it  (hall  and  maybe  lawful  for  any  pcrlon  to  enter  a  caveat  again!!  any  entry 
that  may  be  made  with  the  fa'd  entry  taker.  Provided,  the  lame  bs  done  within  three  months  after  luch  entry  may 
have  b;en  made,  and  the  perlon  entering  fuch  caveat  fhnll  have  his  clahn  determined  by  'jury  of  twelve  freeholders 
living  in  laid  town  beiore.the  OJmmiflioners,  and  the  dccilion  thus  had  (hall  be  deemed  final,  aud  a  title  figned  by  tne 
commiflioners  (hall  ifl'oe  agreeably  tothe  verdict  cf  rhe  jury  within  ten  days  after  fu:h  decifion  (hall  have  been  made. 

Vlli.  Aid  be  it  further  enm&ed,  tint  a  lair  record  (hill  be  kept  of  all  proceedings,  and  every  tranfaction  touching 
the  premilcS  ;  and  any  matter  of  controverfy  which  may  ar:fe  under  the  laws  of  faid  town  mail  be  entered  at  large  on 
the  journals  of  tiie  coiumiflionersy  and  the  fame  may  be  given  in  evidence  in  any  court  ot  record  in  this  flate. 

IX.  And  be  it  further  enacted  by  the  authority  aforefaid,  that  the  commilfioners  of  rhe  town  of  Halifax  be  and  they 
are  hereby  authorifed,  to  lay  and  levy  the  fame  tax  on  each  negro  (lave  within  the  liberties  ot  the  iaid  town,  that 
they  are  authoriled  by  law  to  levy  and  collect  for  a  negro  Have  within  the  laid  town. 

Chap.  XXXIX.  An  gB  to  prevent  the  ob(}rucT<ngffi  frtm  rvnning  up  the  f?r earns   and.  water  courfes  w  Ret  tie    county, 

and  to  dear  the  r.avigati  n   thereof. 

W'HEHEAS  many  perfons  inhabitants  ot  Bct-e  county  make  a  practice  of  fetting  wares  and  hedges  acrofs  t'rre 
ftreams  and  water  courfes  in  the  faid  county,  by  means  cf  which  the  iifh  in  the  fprir.g  of  the  year  are  prevent* 
ed  from  running  up,  which  hath  frequently  prevented  the  people  from  catching  fiih  at  the  different  places  wnere  they 
have  been  ufually  caught  ever  fince  the  firft  fetUement  ot  the  laid  county,  whereby  many  of  the  inhabitants  cf  faid 
county  are  greatly  injured  : 

_  I.  Be  it  therefore  e,  ailed  by  the  General  Affembly  if  the  Rate  o/"North-Carolina,  endh  is  hereby  enatled  ly  the  autho- 
rity of  the  fame,  that  from  and  alter  the  palling  of  this  act  it  fliall  not  be  lawful  for  any  perfon  or  perfons  to  make  or 
let  any  ware  or  hedge,  or  caufe  the  lame  to  be  done  in  any  dream  or  wa'er  co.-rfe  in  the  faid  county  v. ben  the  fi-fh 
ufually  run  up  in  the  fpring  of  the  year,  or  by  any  other  ways  or  means  flop  the  iiili  from  running  up  any  of  the  faid 
ftreams  or  water  courfes  Curing  the  lilhing  feafon  5  and  any  perfon  or  perfonvfo  hereafter  offending  (hall  fcrfeitancl 
pay  for  every  fuch  offence  the  fbno  of  ten  pounds  (pecie,  to  bs  recovered  before  ;ny  magiilrate  of  the  faid  county, 
one  halt  of  which  lhall  be  paid  to  the  overfeers  of  the  poor  of  the  faid  countv  and  the  other  half  to  the-  informer. 

And  whereas  many  of  tne  water  conrfes  of' faid  county  by  a  little  labour  .nay  be  made  navigable  for  final!  boats  a 
conhderabie  diftance  higher  up  than  they  now  are  : 

II.  Be  it further  enaStti,  by  the  author  itv  afore/aid,  tfcrt  from-and-  after  the  palling  of  this  aa  the  county  court  of 
pleas  and  quarter- lefiions  of  laid  county  fliall  and  they  are  hereby  empowered  and  authorifed  to  appoint  a  company  of 
men  within  certain  dillricts  by  them  10  be  defcribed,  fimitted  and  laid  oil' in  fuch  manner  as  they  lhall  think  conven- 
ient, with  anoverieer  over  each  company,  who  lhall  be  directed  toclear  and  keep  open  all  fuch  ftreams  and  water 
courfes  as  far  up  as  they  can  be  conveniently  made  navigable  for  fmail  boats  and  veflels',  ant?  that  the  faid dverleer  with 
the  men  Co  appointed  to  work  under  him  fliall  clear  and  open  the  fame,  and  after  the  faid  ftreams  and  water  courfes 
fliall  be  lo  opened  and  tiered,  the  laid  overfeer  or  overfeers  and  the  perfons  who  fliall  be  fo  appointed  to  work  un, 
der  him  or  tLern,  work  on  and  keep  clear  and  open  the  lame  fo  far  as  his  d  ftrict  (hall  extend  at  leaft  four  days  in  eve- 
ry year  enluing  ;  and  every  overfeer  who  lhall  fail  or  neglect  to  keep  open  an  1  clear  fuch  ftreani  and  water  courfe  to 

be  appointed  by 
neg°. 


far  as  his  dtflrictlhalL  extend,  lhall  forfeit  and  pay  the  fum  cf  ten  poun  d's ;  and  every  perfon  who  lh 
ihe  faid  court  to  work  on  and  open  and  dear  fuch  ftream  or  watercourfe  under  Inch  overfeer,  \vh< 


G3 


ho  fliall  fail   or 


SIO 

*eft  to  appeal  .  aJ  >rk  .■  emvn .  .<•  -r  being  givtJn  one  day's  previons  notice  by  fuch  cverfeer  of  the  time  and  place  rf 
working,  (hall  forfeit  and  pa)  n-.e  torn  ol  i;m  (hillings  lor  each  and  every  day  he  fhall  fo fail  or  neglect,  to  tu  r_co- 
vwted  betore  any  Jultice  of  the  Peace  ol  the  laid  c  >uuty,  and  applied  towards  hiring tome  other  perlou  orperfous  to 
\yoi  k  on  tli-1  faid  ltt e  mi  or  water  courfe  in  the  room  of  fuch  delinquent. 

III.    And  be  it  fut  ther  enaBed,  iy  the  eutkrity  ajcrcjvid,  that  the  ovcrfeer  anal  fuch  pei  fon  or  perfons  who  (lull  be 

appointed  to  work  imder  him.  within  bis  01  their  refpectrre  diftrict,  (hall  and  they  arc    hereby    exempted   andcleaj-ed 

fi  cm  working  on  any  public  read  cr  roads  w  ithi.n  the  faid  county  (o  long  as  he  or  they  continue   within  the  diltrkl  of 

any  or  either  of  the  i'jiJ  overfeer*,  cr  !o  long  as  be  or  they  (ball  be  liable  to  work  0,1  any  of  the  faid  dreams  or  water 

.3  within  any  of  inch  d. Uriels  in  the  faid  county  ;  any  law  to  the  contrary  notwithftanding. 

C:IAP.  XL.  An  aft  to  amend  an  aft,  entitled,  an  acl  to  keen  cj.cn  Rtanoke  river  for  the  paffa^e  of  fill)  up  the  fame,  and 

other  purposes  therein  mentioned,  p.   119. 

WHEREAS  by  the  afore  recited  acl  doubts  have  arilen  concerning  the  fourth  ef  the  faid  rirer  vhich  by  faid  set  is 
to  be  left  open  for  the  paffage  offifh,  where  cne  or  more.lflands  lie  in  the  faid  river  :  for  remedy  whereof  and 
to  clear  up  all  doubts, 

I.  Be  it  cnafiei  l>v  the  General  Affembly  of  the  fiat;  r/- Worth-Carolina,  audit  is  hereby  entiled  by  the  authority  oj  the 
fame,  that  in  meafuring  the  width  of  ;heiriver  where  an  ifland  or  ifiandsiiiay -intervene,  toe  intent  and  meaning  of 
the  General  AfTembly  is  hereby  declared  to  dirccl  ail  and  every  perfon  or  perlons  meafuring  the  fame,  te  take  the 
width  of  the  whole  river  including  hi  uids,  then  deducting  the  width  of  the  bland  or  iflands,  to  leave  one  eighth  of 
the  faid  remainder  open  in  the  center  of  the  river  at  that  place. 

And  whereas  many  of  the  (lands,  (tops  and  dams  erected  in  the  faid  river,  are  eon  fi  reeled.,  built  and  fet  up  by  peo- 
ple f-om  Virginia,  and  others  havuig  .  0  propel  ty,  ai.'d  not  owning  land  on  the  river  or  in  and  among  rhe  illjtuis,  by 
v  iv.CA  means  Hops  and  dams  are  erected  contrary  to  the  meaning  of  laid  law,  and  no  precept  ca::  be  l'erved  on  thofo 
incurring  the  penalty;  or  if  ier^ed  110  penalty  can  a;  got  :  for  mi-ed.  whereof, 

iJ.  Bj  it  enabled,  by  the  authority  aforefajj,  that  ail  perfons  owning  th«  place  or  places,  ifiand,  rocks  orvfal Is  where 
ilicb  Hand  or  ft  and  s  may  or  fhall  be  r-r»cird,  fl,a!i  be  antwerable  far  keeping  open  the  river  agreeable  10  this  ail. 

III.  And  be  it  further  epafted,  ,'j  the  authority  aforeft  id,  tli  h  all  and  every  perfon  owning  land  on  fuel  river,  at  and 
agabift  and  contiguous  to  an  vixicksariilands  not  yet  entered  and  taken  up,  (hall  have  the  priviledge  and  liberty  of 
taking  up  the  fame,  agreeable  to  the  lav  sfor  taking  up  land  now  jn  force  ;  Provided,  they  enter  and  t  ike  up  lucii  if. 
lands,  rocks  and  (lands  within  lix  n  onths  after  tnis  feflion  ol  Affembly  ;  and  if  not  entered  or  taken  up  c;y  that  tiaia 
it  lhall  aud  may  be  lawful  for  any  perfon  whatsoever  to  enter  and  take  up  the  fame,  any  law  to  the  contrary  not- 
wlthftanding. 

IV.  And  be  further  enabled,  by  the  authority- aforefaid,  that« very  perfon  •  e  ding  sgainft  this  aft  (hall  forfeit  and 
piy  forty  (hillings  for  every  twenty-four  hour*  he,  (he  or  t  e\  .nay  build,  keep  up  or  maintain  any  (top,  dim,  *  are 
or  (land,  to  be  recovered. by  >  t  before  a  Juflice  ef  the  J  ice  1  .  .  perfon  letmg  fe-r  the  fame;  and  the  county 
courts  of  Ntfthampton,  Warren,  aiid  Halifax,  are  berei  rod  1  njomed  to  appoint  an  overfeer  or  everleers  to 
examine  the  falls  in  their  feveral  counties,  ar-d  to  lay  oil  the  river  agreeable  tu  ihls  acl  ;  and  fo  much  of  the  afore  re- 
cited aft  as  cou.es  within  the  purview  of  ibia  ac\,   is  hereby  repealed. 


211 
Chap.  XLJL  An  ael  for  altering  the  names  of  cei  tainperfi  ■:  therein  mentioned. 

\ T  rilF.TlEAS  it  is  the  ean.th :  i  <  quell  i  ,    -.  '<*  thai  the  i.aroeci  Jej/e  hay  of  Debts  rcimtv  fhor.ld  be  al. 

wV  lered  to  that  o  J.ffe  Sptight,  ai:d  the  defii  c  ot  Richard  Ran/bit  bat  tin  nam, tot  Robert  Porthrefs  ai;d  tenia- 
min  C.lev  ,-s  P.,  thri is  vi  t  anklin count]  mould  be aitere<  to  Robert  Ranfon  and  Benjamin  Cleyers  Ran/on,  and  the  de- 
fire  ot  William  Hunt  thai  the  name  of  William  Bonner  of  Franklin  county  be  altered  to  that  ci  William  Hu/it,  toco». 
iir  n  the  name  of  William  Ajbley  of  Robin/on  county,  a^d  me  a»aie  of  Jefle  Commaudtr  of Onflow  county  to  that  of  Jefft 
Clagg: 

].  Br  it  th  re/ore  enafiedlty  the  Ctncre.l  Affemblyqf  the  Rate  of  I\oi  th-drolina.  and  tt  is  hereby  enafiedby  the  au. 
thoi  h  v  of  the  fin  le,  that  from  ai  d  after  the  pa  fling  of  this  act  the  name  cf  jtffe  Hay  fli  ili  be  altered  to  the  name  of 
Jeffe  Speight  the  names  of '■  Rober  t  Porthrefs  and  Benjatt\in  (levers  Porthrefs  Ihall  be  altered  to  the  names  of  Robert 
Ran/on  .1  d  Benjamin  (levers  Ranfon,  alio  the  name  of  William  Bonner  to  the  name  ct  William  Hunt,  and  the  name  of 
William  ifbley  of  Roklnfoi?  county  be  confirmed,  and  the  name  oi  Jeff*  Commander  to  that  <~f  jeffe  Ctapg,  and  that 
they  and  each  ©f  them  iiiall  thenceform  be  cslled  and  known  by  the  faid  name*  refpectively,  acd  that  by  the  faid 
name*  r-efpeclly  rhey  lliaij  an«  may  iue  anW  be  lu?d,  plead  and  be  impleaded  in  any  court  of  law  or  equity,  and  ob- 
tain and  poffels  lauds  and  all  other  i'pecies  oi  property  by  will,  devife,  donation,  ;>,iant,  purchal'eor  otherwife  ;  and 
they  may  caeh  by  their  refpertive  names  afore laid  kll  anddifpefe  of  lands  aiid  other  property  already  or  hereafter  10 
be  acquired,  and  finally  and  in  all  things  the  laid  performs  rtfpe&ively  Hull  be  able  and  capable  in  law  or  equity  of 
rjegociating  and  tranta&ing  all  manner  of  bufinels  by  their  refpeclive  names  herein  before  mentioned  in  as  full  and  am. 
pie  manner,  as  if  they  had  been  called  ana  knowa  by  no  other  names  from  the  time  cf  their  nativity  ;  any  law,  cuf- 
toni  •r.ufagc  to  the  contrary  nocwithftanding. 

II.  And  be  it  farther  enaSed  by  the  authority,  afar* faid,  that  from  and  after  the  palling  of  this  act  the  courts  cf  pleas  and 
quarter  Ie,]ijn3  in  the  i'evertl  counties  in  this  Hate  Ihal!  have  full  power  and  authority,  on  the  application  ot  the  re- 
puted father  mother  or  guardians  of  any  natural  child,  to  give  fuch  name  to  fuch  child  as  the  (aid  mother,  father  or 
guardian  fhali  require,  and  tocaule  inch  rame  to  be  entered  o;i  record,  and  fuch  cinld  ihall  forever  thereafter  be  cal- 
led and  known  by  fuch  urnam*,  and  Ihall  be  able  and  capable  in  law  cr  equity  of  negotiating  and  transacting  all  man- 
ner of  bufinefs  by  luch  name,  in  as  full  and  ample  manner  at  any  ether  perfon  cr  peri  on  s  whatfocver. 

Chap.  ,XLilI.  An  ait  empowering  ihe  court  e/Pitt  ctuxty  tc  ejlablifii  a  free  ferry  over  Mar  river  at  the  town  of  Green- 
ville,  end  to  levy  atax  on  lbs  inhabitants. of fatd.ctunty  for  tha 
WIIERE&S  it  would  lx  agreeable,  convenient  and  nece'fliry  for  the  inhabitants  of  Pitt  county ',  that  a  free  ferry 
be  cftablifhed  arc  kept  over  Tar  river,  bppofite  to  the  town  of  C  eanville  •. 

I.  Be  it  t'-ey.  f  General  AfJ'embly  ofthejiate  of  North Carolina,  and  it  is  hereby  enafled  by  the  quthi* 
rityofthef  .  rom  and  after  paffing  this  act,  the  JuUices  of  the  court  of  Pitt  county,  or  a  majority  of  fiid 
court  at  any  fime  when  met,  ihal!  have  lull  power,  and  they  aic  hereby  authorifed  by  order  of  fuch  court,  to  efta- 
blilh  a  tree  ferry  over  Tar  river  eppolite  to  the  town  of  Greenville,  and  to  let  the  fame  lor  any  term  rot  exceeding 
twelve  tnoBths  at  any  one  time  to  the  lowed  bidder,  or  to  employ  or  agree  frith  fome  proper  perfon  to  take  charge 
of  laid  ferry  ferone  year  at  fome  Stipulated  price,  taking  bond  with  approved  fecurity  of  luch  perfon  or  perlons,  con- 
ditioned that  rc;   Ihe  or  they  ih?.)l  duly  and  faithfully  attend  the  laid  ferry,  and  without  delny  let  over  ferry    free   all 

.  and  every  tSe  inhabitant!  of  the  l«id  cour.tv  of  Pitt,  or  all  others  if  the  faid  court  fliail  fee  proper  to  order  it  So,  with 
their  rioriet,  carts  and  effecls,  at  all  iesfonabb  tihies  during  Said  term  ;  and  if  faid  court  Ihall  think  proper  that  all 
per tons  refjding  out  of  laid  county,,  Ihall  pay  ferriage  on  crcfungfaid  ferry,  hi*  bond  Ihall  alio  be  conditioned  that  he 
do  the  duty  cf  ?  good  and  faithful  ferryman,  in  conveying  acrofs  faid  ferry  any  perfon  or  perfons  not  inhabitants  af 
laid  county .of  Pitt,  with  their  hprfes,  waggons,  cans  and  all  etiecls  » liatever,  for  luch  fees  or  allowances  as  are  or 
(hall  be  eitablifhed  by  laid  county  court, 

II.  And 'be [it  further fluffed,  by tht ;  futhtrity  afqrefaid,  that  the  court  of  Pitt  county  are  hereby  empowered  to 
Ijy  a  tax  on  the  inhabitants  oi  laid  county  ;nnuai!y  for  the  purpofe  aforeiaid,  not  exceeding  the  liim  of  fix  pence  on  e- 
very  poll,  fix  pence  on  evety  hundred  pcunds  value  of  town  property  and  two  pence  on  eyery  hundred  acres  of  land, 
to  be  collected  ard  accounted  f#r  as  otljer  countr  monies,  and  applied  for  fupport  of  fuch  free  ferry  as  the  court  may 
direct.  Prtvidcd  ahxiays  that  the  court  of  laid  county  fhall  have  power  to  continue  or  discontinue  the  eilablilhiaenc 
cf  the  faid  free  ferry,  cither  free  for  the  inhabitants  or  o'herwiif,  from  time  to  time,  as  they  may  find  the  fame 
moll  convenient  and  fatisfa&ory  to  the  inhabitants  o/  the  faid  county  of  Pitt. 

Cimp.  TvLVIl.  An  a3  appointing  rommijfioners  to  repair  the  court-houfe,  prif-m  and/locks  in  the  to-w:i  of  Hilifborcugli 
for  the  dij.  rift  f/Hillfboi  ough,  and  to  levy  a  tax  on  the  inhabitants  tht  reef,  for  the  benefit,  ufe  and  reparation   of  the 
y.  reets  'f  the  ioiun  afofefmid. 
The  firjt  fart  (Jbftlete, 
V.     i\  ND  be  it  farther  enabled,  by  the  authority  tfSref aid,  that  every  hundred  pounds  taxable  properly  in  the  town 
x\   of  Hillflerough,  dial)  annually  p,y  fuchlum  not  exceeding  five  {hillings  a<  the  commiflioners  ihali  direct,    to 
be  collfctcd  ar.o  pi:d  into  the  hand;,  ot  the  town  ecu  mil]  oner  tor  the  time  be-  ng,  in  the  Janie    manner  as  ta?.t  s   lor 
the  to\rn  aiciciaid  arc  colkutd  aid  psid,  and  by  the  laid  ccmn.ifiioucis  to  be  af  plied  for  the  bei.tfit,  life  and  re]  aJ 


zii 

ration  of  the  ftrcets  of  fa'd  town  ;  nny  law,  tifage  nr  ruflom  to  the  contrary  notwithstanding. 

VI.  And  be  it  further  enatled;  I y  the  authority  aftrefaid,  that  all  acls  and  clauses  of  ads  heretofore  rnnde  which 
comes  within  the  purview  of  this  a£t,  as  far  as  it  relates  to  the  commiffioners  ior  repairing  the  public  buildings  in  the, 
town  of  Hill/borough  are  lureby  repealed  and  nriade  void. 

Chap.  XLIX.  An  ail  for  efiablifhing  ato~<un  in  the  county  e/"Hyde,  on  the  linii  of  Jofeph  Gibbs. 

WHEREAS  it  hath  been  reprefented  to  this    Aflembly    that    the    eltablifh  nen*  of  a   town  on  the  lands  of  Jofrph 
Gikbsn  in  the  coumy  of  Hyde,  would  be  conduciveof  public  utility,  and  the  laid  Jofepb  Gibbs  having  fignihed  his 
conlent  to  have  fix'y  acres  of  the  faid  laid  laid  rff  for  that  purpole  : 

I.  Be  it  enacted,  by  the  Gemral  Affembly  of  tie  State  c/North-Carolina,  and  it.is  hereby  en  /Jed,  ly  the  authority  of 
thejame,  that  the  faid  fixty  acres  of  land  be  !aid  off  in  half  acre  lots  and  (beets  accordingly,  and  the  lame  :;re  hereby- 
coailitu'.ed  and  eiiabhfhed  a  town,  and  lhall  be  called  by  the  name  of  !\H<-dUl>n. 

II.  And  be  it  further  enacled,  that  from  and  after  the  palling  of  this  act,  that  Jofeph  Gibbs,  William-  Spencer  and 
Abrahan  Jones,  be  and  they  and  every  of  them  are  constituted  coaimilfionrrs  and  tru.  fees  for  defining,  building  and 
carrying  on  the  laid  town  ;  and  they  lh  ill  Hand  feezed  in  an  indjfeafible  eiutein  fec-limple  in.  the  laid  fixty  acres  or" 
land  as  aforefaid  to  and  for  the  tales,  intents  and  purpofes  hereby  declared. 

III.  Be  it  fur 'her  enacled,  thst  the  faid  cornmiflioners  or  a  majority  of  them  fhall  appo'nt  a  time,  and  give  public 
notice  thereof  for  meeting  the  fub'c;  ibers  on  the  faid  land,  for  determining  the  property  of  each  particular  lot,  which, 
lhall  be  drawn  by  ballot  in  a  fair  manner  by  direction  and  in  prefence  of  a  majority  of  the  faid  commilBoners  at  isaft  ; 
and  each  fubferiber  lhall  be  entitled  to  the  lot  or  lots  which  lhall  happen  to  be  drawn  for  him  an  J  co-rrefpond  with  the 
number  contained  in  the  aforefaid  plan  of  the  faid  town  ;  and  the  faid  commiifioners  or  a  majority  ol  them  (ball  maka 
and  execute  deeds  for  granting  and  conveying  the  faid  lots  contained  in  the  faid  town  to  the  relpserive  fubferiber* 
for  the  lame,  their  heirs  and  aliigr:s  forev«r,  and  alfo  to  all  and  every  other  perlon  and  perfons  who  (ball  purchale 
iny  other  let  or  lots  in  the  faid  town,  at  the  proper  colts  and  charges  of  the  faid  grantee  or  grantees  to  vrliom  the 
lame  fhall  be  conveyed  ;  and  any  perfon  claiming  any  lot  or  lots  in  the  laid  town  by  virtue  of  fuch  conveyance,  (hall 
and  may  hold  and  enjoy  the  fame  in  fee  fimple. 

IV.  And  beit  further  entitled,  that  the  refpeclive  fuhferibers  for  the  faid  lots,  (hall  within  fix  months  after  it  (hall 
beafcertained  to  whom  each  of  th*  faid  lots  doth  belong  in  minner  herein  before  mentioned,  pry  and  .fatisfy  to  the 
faid  commiffioners,  the  i'um  of  fire  pounds  for  each  lot  by  them  fubferibed  for  ;  and  in  cafe  of  the  refufal  or  neglect 
of  any  fubferiber  to  pay  the  faid  fum,  the  faid  commiffioners  lhall  and  may  commence  a  (bit  for  the  lame  in  their  own 
names,  and  therein  lhall  recover  judgment  with  coft. 

V.  And  be  it  further  enacled,  that  if  any  of  the  commiffioners  hereby  appointed  mould  refufe  to  aft,  die  or  remove 
out  of  the  county,  the  furviring  commiffioners  (ball  be  and  they  are  hereby  empowered  to  elect  another  in  the  room 
of  him  fo  refi.fing,  dying  or  removing,  which  faid  commiffioner  or  commilfioners  fo  appointed  lhall  from  thenceforth 
have  the  fame  power  and  authority  in  all  things  concerning  the  matters  herein  contained,  as  if  he  had  been  exprellly 
nominated  and  appointed  by  this  aft. 


Chap.  L.  An  acl  to  enable  William  ftlall.  Sheriff  of Wilke«  county,  focollecl  all the taxes  due from  faid  county  for  the 
year  one  thoufandjevtn  hundred  and  eighty  five  and  the  year  one  thoufand  feven  hundred  nr.d  eighty  fix,  and  to  aUrut  hint 
farther  time  tojetlle  fir  his  coileclitn  with  the  ireafurer  ;  and  alfo  for  giving  a  further  time  to  John  May,  Jhet iff  of 
Rockingham,  to  colled  the  arrearages  of  his  linking  fund  and  continental-tali  in  faid  county- 


WHEKEAS  William  Nail,  Efqmre,  was  chofen  fheriff-of.the  county  Qt&Uhts, :in  the  year  of  our  lord  one  thoii- 
fand  feven  hundred  and  eigb.tyj.fix,  and  doults  having  arifen  whether  the  laid  Nail  had  a  right  to  co'let  the 
tax  commonly  called  the  continental  tax  which  by  law  became  due  and  payable  the  preceding  year,  although  the  laid 
William  7W//hath  given  bond  and  I'ecurity  for  the  collection  and  payment  of  the  alorefaid  taxes  : 

J.  Beit  therefore  enacled  by  the  General Affembly  of  the  (late  oj  North-Carolina,  and  it  is  hereby  en.icled  by  the  autho- 
rity of  the  fane,  that  IVillLmNull,  (heriffof  WihSei  county,  be  and  he  is  hereby  authonfed  and  required  to  demand 
and  recover  of  the  levcral  collectors  In  the  county  of  Wilkes  aforefaid,  that  have  given  bond  and  Security  for  the  col- 
lection of  public  taxes  for  the  year  one  thoufandj  even  hundred  and  eighty- five,  ail  fuch  taxes  on  the  inhabitants  ru 
thtir  feveral  diftricts  a3  they  were  by  law  required  to  oofetand  account  for  with  the  (heriif  then  hi  office  :  Provider! 
neverthekfi,  that  the  leveral  collectors  above  ment  onedJhall  have  power  to  cc  Heft  the  aforeUid  taxes  fr»m  the  inha- 
bitants of  their  refpeclive  diftricls  hi  th  ■  fame  manner  as  they  are  authorilcd  and.  directed  to  collect:  other  public  tax,. 
es  and  be  c-tiilecl  to  the  I'.,  me  fees  and  commiffions  tor  qollefting  and  accounting  for  the  fame  :  Provided  alfo,  that 
the  collectors  aforefaid  lhall  be  allowed  till  thetlrft  day  of  July  ntxt  to  collect  and  account  for  the  taxes  above  menu. 
•r.ed.  •  ■'  c  c  \ 

If.  Andbeit  further  entitled  by  the  *utborit.y*fa;*f*iik  that  where  any  .coileltor-  hath  neglected  or  rerulecl    to  gi«e 

hond  and  fecurity  according  to  law  tor  che  collection  and  accounting  for  the   public   taxes  in    the   diftrJfl  lorwn  c.i  ho 

was  ippointed,   the  aforefaid  William  Nail  is  hereby  authbrifed  and  requ.red  to  collect  and  account  fir  the  tad  taxes  in 

the  fame  manner  and  under  the  fame  rules,  regulations  and  rcltriftions  as  by  law  the  collectors  are  authoriled  and  re. 

left  the  above  mentioned  taxes,  and  (hall  be  entitled  to- the  lame  fees   and   commiffions  that  the  collectors 


*f3 

are  by  law  entitled  to  receive,  exohifive  of  his  commifiicrn  as  county  treafurer. 

And  whereas  the  feveral  collectors  in  the  county  aforelaid,  no;  knowing  the  law  paff-d  at  NtVshern  iu  the  year  one. 
tho.ifend  (even  hundred  and  eighty  rive,  entitled  H  An  act  far  emitting  one  hundred  tboufand  pounds  paper  currency  fit 
the  purposes  tbet  tin  exprtjjed* ,"  havs  omitted  the  collection  of  the  rax  laid  by  fnd  act  ior  a  finking  fund  : 

III.  Be  it  therefore  enabled  by  the  General  Ajfembly  if  the  fiate  of  North-  Carolina,  and  it  is  hereby  er.acled  by  the  au- 
thority of  the Jane,  chat  Wi'.li.vn  Naff',  fherifr",  and  the  feveral  collectors  of  public  taxe*  in  the  count:  of  Wilkes  afore* 
f.iJ,  be.  and  iliev  are  hereby  author-iied  and  required  to  collect  and  Account  fci  the  faitt  (inking  fund  tax  in  the  Ling* 
nMinesand  under  the  finie  rules,  regulations  and  reliritions,  ind  be  entitled  to  the  fame  lets  and  coiniiiifliocs  as  by 
t  ns  act  they,  are  au. honied,  required  and  entitled  to  in  and  for  the  collections  of  the  tax  commonly  called  the  continen- 
tal tax. 

And  whereas  feveral  of  the  juftices  in  the  county  a  fore  Laid  have  omitted  to  return- ths  collectors  bond*  for  recore- 
ries  thereupon  to  be  had  : 

IV.  Be  it  further  e*nfl-.d  by  the  authority  afore/aid,  that  William  Nail,  fheriff  of  Wilkes  county,  be  allowed  until 
the  firil  day  of  Augujf  next  to  fettle  lor  ihe  public  taxes  due  fro.n  faid  county  for  the  year  one  thoufand  feven  hun- 
dred and  eighty  five,  and  rite  year  one  thou  find  feven  hundred  and  eighty  lnt  with  the  trealurer  of  this  ft*f,  and  in 
the  mean  time  the  treafurer  (half  forbear  to  commence- any  acllm  or  actions  for  faid  taxes  againtt  him  the  faid  Wil~ 
lunn  Isall  ;  any  law,  cuflom  or  u!ag»  to  the  contrary,  notwuhttand-ing. 

AnJ.whereas  John  May,  fheriff  of  Rockingham  county,  thiotij»h  milrake  of  the  clerk  in  making  out  the  amount  of 
taxes  hath  not  collected  the  tax  called  the  continental  tax  for  the  year  one  thoulaud  feven  hundred  and  eighty  fivs,. 
v. hich  had  not  been  collected,  nor  the  linking  fund  tax  for- -the  year  one  thouland  feven  hundred  and  <  ighty  lix  ': 

V.  Be  it  therefore  enabled  by  the  authority  afortfaid,  that  the  collector*  in  faid  county  be  allowed  until  the  firltday 
oijulv  next  tp  collect  the  faid  taxes  and  account  with  the  fheriff  for  the  lame,  and  that  the  laid  John  May  be  allowed 
i  ntii  the  firttday  of  Augujt  nex'.  to  fettle  with  the  treafurer  of  the  ftatc  for  the  aforelaid  taxes,  and  in  the  mean  tim« 
in*  tre«iu:er  (hall  forbear  to  commence  any  action  for  laid  taxes  ajamft.  luru  laid  "John  Kay  •  any  law,  cuftom  or  u- 
fage  to  the  contrary  ui.Uvithftauding.. 

Cha?.  L'l.  An  nil  far  eflablifhing  two  places  in  the  county  of  New-Hanover  for  thepurpofe  of  holding  general  mutters 
therein,  for  dividing  the  m.litia  0/ faid  county  into  tu)»  difir  icis  fuitable  and  convenient  for  the  inhabitants  to  attend  muf- 
ter  at  the  refpiliive  places,  and  tor  appointing  the  place  0/  hiluing  con,  is  martiul  injaid  county.: 

WHEREAS  it  has  been  found  by  experience  Mat  any  o  .e  place  which  mignt  be  fixed  on  in  the  county  of  New- 
H.itiover  in  this  ftaie  would  be  very  dilagreeable  and  inconvenient  to  many  inhabitants  beiinr  or  refiding  mo- 
ther ih    remote  parts  of  the  laid  ccunty  ;  and  in  order  to  reconcile  that  dilad.antagc  to  ihe  inhabitants  thereof  : 

I.  Be  it  tnacled  by  the  General  A ffemUy  of  the  ft  at  e  of  North- Carolina,  and  it  is  herebyenuMed.  by  the  authority  of  the 
fume,  that  Iron  and  after  the  palling  of  this  art  the  county  .of  Nem  Hanover  fliall  be  divided  into    two  d  Uriels  ;  ths 

lower  or  fouthern  diftrict  lhall  coriuftoi  ths  three  companies  already  iormed  in  and  near  Wilmington,  that  is  to  fay, 
the  artillery  commanded  at  prefent  by  Captaai  Hufke,  the  horfe  by  Captain  Green  and  the  company  of  foot  by  Cap- 
tain Wright,  alfo  the  relpc£Lve  companies  which  are  or  may  be  formed  on  i\ew-Toplail,  the  upper  3iid  lower 
found  companies,  to  wit,  thoie  of  loot  under  command  of  Captains  Ward.aud  KutleJge,  or  others  which  may  here- 
alter  be  eltabliihed  within  the  compa:  s  aforelaid  ;  that  the  place  hereby  cilabliihed  for  holding  general  mutters  for 
the  lower  divaijii  or  lou  hem  diftrict:  heretofore  delcribeJ,  Ih^ll  be  at  the  town  of  Wilmington  ;  that  the  place  of  hol- 
ding general  muitersof  the  remainder  or  refiJue  of  inhabitants  of  laid  county  the  upper  01  northward  diftrict,  fhall 
be  at  the  plantation  ot  William  Jones  on  loflg-creek  ;  the  militia  of  (ho  whole  county  aforefYid,  the  lower  as  well  as 
the  upper  diltrict,  lha\l  neverihelefs  each  hold  their  general  mutter  in  the  refpectiye  didricts  and  places  as  by  this  act 
defcnbeci  and  appointed,  and  on  the  fame  day.  or.days.as  are  aiready  fixed  by  h»w  for  the  purpofe  of  holding  general 
matters  of  the  coumy  aforelaid. 

II.  And  be  it  further  entitled,  by  the  authority  aftrefaid,  that  the  Colonel  or  commanding  officer  of  faid  county  is 
hereDy  directed  and  requ.red  here-ifter  to  have  the  inhabitants  warned  to  attend,  accoutred  as  utual,  at  the  two  a- 
1  rt-ementioned  places  reflectively  ;  and  it  is  hereby  further  required  that  the  Colonel  or  commanding  officer  of  laid 
county  attend  a:  either  cl  the  mutters  heretofore  mentioned  to  review  the  lame  undu-  exerctfe,  and  that  he  appoint 
or  d:rect  the  Licuiena.it -Colonel  Major  or  other  officer  nexr  in  command,  as  the  cafe  may  be,  to  give  attendance  at 
the  mutter  0:  the  other  diftrict  in  la.d  county,  for  the  purptjtc  of  dHcipiiuing  the  men.     . 

Hi.  A.J  he-  it  further  enacted,  that  the  place  of  holding  courts-martial  fox  the  faid  county  fhall  and  is  hereby  declar- 
ed ,to  he  at  the  northeaft- Bridge,  at  wh.ch  piace  the  laid  court  ihall  lit  iu  ufual  form,  and  delinquents  lhall  appear 
hufn  each  d.ft  ict  aforementioned  iu  ord<r  for  trial. 

IV.  And  be  it  further  enaJJtd,  by  the  author  it  v  aforef aid,  that  all  former  ads  or  parts  of  ads,  fections  or  claufes  re- 
ipecting  the  place  or  places  of  holJing  general  matters  or  coum-martial  in  the  county  of  Neui-Hansvcr,  be  and   they 
are  hereby  repealed  and  made  vcid- 
•A'.  C.  L.   1785;  £  55c. 

Ha 


Chap.  LIII.    w,;«..  .,  .    ...  ng  ',n  ir.efoi.th-eaftfide  of '  Mecklenburja  county  a  privilege  tf  holding 

a  fefarate  eledion  Ur  members  of  Affmbly,'  and  to  repeal  mi  aft,  entitled,  "  An  act  for  removing  the  public  build. 
ings  of  Mecklenburg!)  count:1  from  Charlttte  to  the  centre  of  laid  county." 

\ 74  /HERE AS  the  Jouib  eait  part  ot  Meckenburgk  is  at  to  great  a  diltance  from  Charlotte  that  it  is  rendered  very  in- 
v  V   convenient  and  bnrchenfome  lor  the  people  in  that  quarter  to  attend  and  give  their  fufrrages  at  the  court-houie 

for  menders  to  reprefen:  t'tem  in  the  Genera!  Aflembly  : 

I.  Beit  enacted  bv  the  General  Affcmbly  «; 'the  flate  of  North-Carolina,  and  it  is  hereby  en&d^  by  tte  authority  of  the 
fame,  that  it  (hall  and  may  be  lawful  lor  the  fheriiFof  Mecl.Ui.bi  rgh  or  hi*  proj  er  deputy,  and  he  is  hereby  suthoriled 
i  ii  J  requireJ  to  open  an  flection  at  the  hcufc  of  Francis  M'Cail  on  the  day  preceding  the  time  prefcribed  tor  holding 
the  annual  elections  in  this  itate,  and  receive  the  ballots  of  the  perfons  entitled  to  vote  in  the  laid  count}  living  vr.  the 
fouth-eaft  fide  or  APCautpen't  creek,  under  the  rules  and  regulations  for  holding  elections  in  this  ftate  lo  far  as  the 
fw.e  includes  the  perfons  living  within  the  bounds  of  the  companies  commanded  by  captains  H'alkcf,  Porter,  Ray  and 
Ftinikin,  and  the  ballots  fo  taken  dull  be  leaded  up  and  transmitted  to  the  court-houfe  under  the  direction  of  the  fhe- 
riffor  his  deputy  j  which  ballots  fo  taken  fh.il]  and  are  hereby  declared  to  be  part  of  the  elect'»n  of  the  laid  connty  ; 
any  thing  to  the  contrary  notwithftanding  :  Provided,  that  nothing  herein  contained  lhall  deprive,  any  perfon  livimr 
within  t'le  botandj  before  prescribed  to  give  in  his  furtiage  at  the  ccurt-houfe  in  laid  county. 

And  whereas  provifion  is  made  ftfr  removing  the  public  buildi.igs  of  Mecklenburg!)  county  from  the  town  of  Charlotte 
by  an  z€t  celled  at  Newbern  in  the  year  one  thoufand  IV  ven  hundred  and  eighty  four,  entitled,  "  An  adftr  removing 
tot  public  buildings  yMeckknburgh  county  from  Charlotte  to  the  centre  cf /aid  county,  and  as  the  fame  mult  be  attend- 
cd  with  a  very  conliderable  expence,  and  contrary  to  the  will)  of  a  very  great  majority  of  ihe  people  : 

II.  Be  it  enabled,  by  the  authority  a/ore/aid,  that  the  laid  act  and  every  part  of  the  fame  be  and  i:  is  hereby  decla- 
red to  be  repealed. 

Chap.  LIV.  AnaH  empvuerhg  the  cortmiffioners.  therein  mentioned  to  build  a  gad  in  the  county  of  Anfon  to  levy   a  tax 
to  d  frm-  the  txpencet  thenof,  and  t.  charge  the  name  t/Newton  in/lid  court]  to  that  of  WadeiborOHijh. 
I.  II.   6   Hi.  Obfolete. 
IV.     A  ND  be  it  further  enabled,  by  the  authority  aforef.,'^  that  from  and  after  ths  pa/Ting  of  this  act    the    town   of 
t\  Neviton'm  the  laid  county  o;  Anfonihiil  oe  kuown  by  the  n.inc  of  lVa\ejh.rv.gh. 
'The  L ft  Si  ci ion  Obfolete. 

Chap.  LV.  An  cB  lo  extend  sn  ad  faffed  at  Newbern  the  twenty  ninth  day  of  December  one  thoufand  feven  hundred 
end  eighty  five,  entitled,  An  aft  to  empower  the  county  wardens  of  the  poor  lor  iIk-  counties  therein  mentioned  to 
build  houles  in  their  relpeetive  counts;,  for  tne  reception  oi  toe  p;.or  and  other  purp  fes,  to  the  fever al.  counties 
herein  mentioned.     N.  C.  L.    1785,    18,   $6o. 

I.  pE  it  enaded  by  the  General  A//emi/y,  that  the  before'  recited"  act  be,  and  the  lame  is  hereby  extended  to  the 
JLj  counties  of  IVarren,   Cafwe/l,   Pafquotank,   (feiiifaxt   Johnfton,   Richmond,    Hyde,     Martin,     IVahe,    Rockingham 

and  Hertford,  to-all  interns and  purpofesas  if  the  laid  counties  had  been  named  in,  the  before    recited  act   :   Provided, 

that  this  act  lhall  not  he  conllrutd  lo  as  id  oblige  the  wardens  to  levy  any  tax  for  any  of  the  laid  counties  uniefs   they 

find  the  fame  neccilary. 

X  III  Year  of  the  Independence.      The  3d,  of  November,    1^88. 

Chap.  XI.  An  ad  to  repeal  part  of an  act  paffid  at  Newbern  in  December;  one  thoufand  /even  hundred \a>J  eighty 'five, 
entitled,  An  act  for  deitroying  wolyes,  wildcats,  panthers  and  be.  is,  crows  and  fqu  rrels  in  the  fevtral  counties 
therein  nentioned.    p.    155. 

!•  TyE  it  en.clid,  by  the  Central  A/ft mi  ly  of  the  State  rf North-  Carolina,  and  it  is  hereby  en  tted,  hy  the  authority  of 
J-J  the  fame,   that  from  and  after  ihe  palling  of  this  act,   the  before  recited  act*  and  every  article  thereof,  fo  tar  as 

relates  to  the  counties  of  Rowan,   Aieci,er,burg,  Burke,  Lincoln,  Ca/well  and  San.pjcn,   be  and  the  lime  is   hereby  re- 

pealed  and  made  void. 


Chap.  XV.  An  ad  to  amend  an  acl ',  entitled,  An  a£t  to  erect  a  town  on  the  lands  of  Matthew  Figures,    in  Ncrthamp. 


ton  county,     p.    1  83. 


BEitenaffedby  the  Genera!  Af/cnb/j  of  the Ji ate  cf  North-Carolina,  that  fo  much  rf  the'ftcend  enacting  claufe  of 
the  before  recited  ad  as  directs  that  lot*  ot  or.e  acre  each  lhall  be  laid  off,  lhall  be  and  the.  fame  is  hereby  ie- 
pealed  ;  and  that  ioftead  therccf  lots  <f  lulf  an  acre  each  fhall  be  laid  off  as  was  intended  •  any  thiriir  to  the  contrary 
nothwithltandmg. 


21  C 

CHAP.  XVII.  An  eft  to  repeal  perl  of  an  aft.  entitled,  An  act  for  the  better  regulation  cf  the  town  of  Hali/Jx, 
and  extending  the  liberties  thereof  ;  and  for  altering  the  mode  of  Lying  and  levying  tax.s  in  the  town  ot b.der» 
ton.  p.i73- 

WHEREAS  that  part  of  the  aft  atorefaid,  which  extends  the  liberties  fo  a;  to  include  therein  Willie  Jones  Join 
Baptil}  Afhe  and  Archibald  Davis,  with  the  lands  and  (laves  to  them  belonging,  and  being  within  certain'bouu. 
dvie-  in  the  laid  act  delcnbed,  was  palled  without  the  conlent  or  apptobation  of  the  pei  fons  above  mentioned  •  and 
the  faid  act  fo  far  as  it  relates  to  the  extension  ot  the  hbenief,  has  not  produced  one  good  effect  : 

1.  Be  it  eiacied  by  the  General  AJfembly  of ' '.he  lti-te  0/ Nc:  tf>Cc:i  olina,  inditis  htrebl  enabled  by  the  authority  ofthe 
fame,  that  fo  much  of  the  act  aforelaid  as  extends  the  liberties  of  the  town  of  Halifax  to  include  the  faid  Willie  Jones 
John  Baptifi  Ajl>e  and  Archibald  Davis,  and  their  houfes,  lands  an u  (laves,  or  any  or  either  of  them  therein,  be  and 
ihe  lame  is  he.eby  repealed. 


w 


Chap.  XVIII.  An  aS  it  emancipate  a  certain  negro  (lave  named  Pnillis,  late  the  property  of  George  Jacobs,  ofthe  town 

of  \v  rmington,  deceajed. 
7HEREAS  it  is  reprefented  to  the  General  Afiembly  that   the  aiorefaid  George  Jacobs,  deceafed,  in  his  laft  ill- 
1    nefs,  did  earneftly  requeft  that  his  negro  (lave  named  Phtllis  fliould  be  liber;  ted,  for  ner  great  attention   to  her 
faid  mafter  during  her  continuance  with  him,  and  more  efpecially  for  her  care  and  afliduity  in  his  laft  iilnefs  :  in  or. 
der  therefore  to  carry  into  effect  the  dying  requeft  of  the  faid  George  Jacobs,  deceafed  : 

I.  Be  it  enaftid  by  the  General  /)ffembly  of  the/late  of  North-Carolina,  audit  is  hereby  enafted  by  the  authority  if  the 
fame,  that  from  and  after  the  pilfing  of  this  act,  the  aforelaid  negro  woman  Pbillis,  (hall  be  emancipated  and  fore- 
ver diicharged  from  her  bondage,  in  as  full  and  ample  manner  a»  if  (he  bad  been  born  free  ;  any  law,  ulage  or  cuf- 
tom  to  cite  contrary  notwithstanding  :  and  the  laid  negro  woman  (hall  forever  hereatteT  be  known  by  the  name  of 
Pbillis  Freeman. 

Chap.  XXVI.  An  aft  to  quiet  Thomas  Brown,  o/~B!aden  county,  EJquire,  in  his  title  to  and pojfejfion  of  divers  lands, 

tenements  end?  hereditaments  therein  referred  to. 

WHEREAS  William  Bertram,  late  o\  Baien  county,   tlq.  deceafed,  died  inteftate,  polTeffed  of  diver,  tenement! 
and  hi  redi^am      - ,   winch  deicended  to  his  ou'y  fun  Willi <m  Bartram,  who  departed  this  tite  inreftate  and  with- 
cut  i(hje,   vi  hereby  all  the  :  :   i  rr-a!  efta.e  deicended  to  Mary  Robef.n  (formerly  Bartran)  wife  of  Thon.as  Robefon,   r,oW 
I  Sarah  U.  rlram,  fince  the  wife  of  Thomas  Bro.un,  Efqnire,  the  only  furviving  children  ol  the  faid  W;l- 
arfram,  the  father,  and  heirs  at  law  of  the  faid  William  Bartrajn,  their  brother  :   And  wherea*  after  the  laid 
Thomas  Broipn  and  the  laid  Sc  ah  Bartram  intermarried,  they  agreed  to  make  pmition  of  part  ol   the  faid  real  efbre 
wiv!:  the  fa  d  ? h-.mas  Robe/on  and  Mary  his  wife,  ai  don  the  eiglith  day  of  February,  one  thoufand  feven  hundred  and 
feventy  fix,   the  pnrties  made  mutual  conveyances  to  each  other,  the  moiety  of  each  lifter  being  conveyed  to  her  and 
rer  hufband  in  joint  tenancy,  a?  in  and  by  the  conveyance  of  the  faid  Thomas  Robef»n  and  Mary  his  wife,  to    the  faid 
Thomas  Brown  and  Sarah  his  wife,  bearing  date  the  clr.y  and  year  aforelaid,  may  more  fully  appear  :  ar.d    whereas  af- 
terwards, thnistolay,  on  the  twenty- fifth  day  of  Merck,  one  thoufand  ftTen  hundred   and   feventy  nine,  the   faid 
Thomas  B'wn  and  Swab  his  wife,  in  order  to  fecure  a  provilion  for  their  daughter  Elizabeth  Brown  and  her  iflue,   at 
herein  after  is  mentioned,  by  indenture  bearing  date  the  day  and  year  lad  aforefaid,  conveyed  to   Gecrge  Lucas,  of 
Blade,}  county,  gentleman,  all  the  lands  and  tpfiemeqts  mentioned  and  defcr;bed   n  the  before  mentioned  conveyance 
from  the  laid  Thomas  Robefon  and  Iv'ary  his  wjf#,  to  the  laid  Thomas  Bro^vn  and  Sarah  his  wife,  and  a  moiety  or   undi- 
vided  half  p;.rt  of  all  the  other  lands,   tenements  and  hereditaments  to  which  the  faid  Sash  was  jointly  entitled    with 
her  Lid  lifter  of  the  ellate  of  their  faid  father  William  Ba> tram,  Efquire,  and  the  faid  Sarah   Brown  then  languifhinr 
Ur.der  a  dangerous  inu'ifpefition,  ard  not  likely  to  live  until  the  next  court  of  her  county,  and  the  Judges  of  the  Supe- 
rior courts  being  then  on  their  circuit, -fo  that  there  w'as  no  probability  of  her  living    un.il    (he   could    be    examined 
touching  her  free  conlent  in  executing  the  la;d  laft  mentioned  deed  of  conveyance,   (he  the  faid  Sarah  Brovn    declared 
to  the  perfect!  who  were  wimeffes  to  the  execution  thereof  privately  and  apart  from  her   hufband    the    faid   Thomas 
Brown,  which  witnefle*  were  re  quelled  by  her  to  hear  and  certify  herfaid  declaration,  that  (he  lealed    and   delivered 
the  fame  as  her  ad  and  deed  of  her  own  free  will  and  cenfent,    without   any  fear  of   or  compulfion  from    her  faid 
hefband,    all   which    the   laid    witneffes  have   left.fied    in  a    certificate    annexed   to    thela;d  deed,  and   the   fame 
is  (worn  to  by   John   Davis,    Efquire,    the  furviving    witi*efs  :     and   whereas   the  faid  George    Lucas,     on   the 
*-enty ■  fixth  day  of  March,  in  the  year  aforelaid,  reconveyed  all  the  lands,  tenements  and  hereditaments  herein  be. 
:re  mentioned,  comprifed  in  the  conveyance  of  the  faid  Thomas  Brown  and  Sarah  his  wife,  to  him    the   laid  Thomas 
.srrwn,  his  heirs  and  affigns,  of  all  which  he  hath  ever  fince  cencinued  in  quiet  and  peaceable  poffeffion  ;    and   at    the 
it)  e  time  the  faid  Thtmas  Brown  in  cor.fequence  of  a  previous  agreement  between  him  and  the  faid  Sarah  Broun    his 
ite,  and  as  a  condition  upon  which  (he  confented  to  convey  her  eftate,  did  enter  into  one  bond  or  obligation  to  the 
d  George  Lucas  in  the  penalty  of  ten  thoufand  pounds  currency,  conditioned  that  if  the  faid  Thomas  Brown    fliould 
ithin  twelve  calendar  month;  from  the  date  thereof,  convey  to  the  faid  George  Lucas  a\'  the  before  mentioned    lards 
d  lots  mentioned  in  the  fa'd  leveral  conveyances,  in  truft  lor  him  the  faid  Thomas  Brown  during  his  lile,    and  after 
i  death  ot  the  faitl  Thomas  B/ own,  then  in  tr.ift  lor  Elizabeth  Brown,  daughter  of  the  faid  Thomas  and  Sarah,  fo? 


r.6 

h°r!:fe,  anJ  after  the  denh  of  the  faid  Elizabeth  B-own,  the  d.i'.ighrer,  thin  in  trufl  foi  the  children  of  her  the    faid 
Eliz.th'ih  in  tail  j  ana  in  cafe  the  faid  Elizabeth  B  ojjh  Ihould  die  without  tlJuc  a;  me  time  of  her  death,  then   i:i    uuft 
forthe  faiii  Thomas  Brrwn,  his  heirs  and  afiigns  forever  :  and  whei\£Ji  the  faid  Thomas  Brow-i  in  pu.faaoceand    exe- 
cution of  the  fevcral  uuds  mentioned  in  the  condition  of  the  time  bond,  did  by  indenture  bearing  date  the  eleventh 
day  of  AprU'm  the  year  laft  aforefaid,  therein  reciting  the  faid  condition,  convey  to  the  laid  Geo t'ge  Lucas,    his    heirs 
andalfigns,  all  and  lingular  the  lands,   tenements  and  hereditament*  in  the  laid  indenture  and  the  before   mentioned  , 
band  and  conveyances  mentioned,  ard  referred  t j  up>.n  and  for  tlie  ic  veral  trutb,  intents  and  purpofes  as  in  the  con- 
tlition  of  the  lame  bond  is  mentioned  and  expreflld,  or  in  and  by  the  f.ud  feveral  deeds  and  co .i.yeyanqes,     re<nitered  . 
i:i  the  regillry  of  Bladen  bounty,  reference  being  thereto  had  may  mere  Lilly  appear  :  and  whereas   afterwards,    that 
is  to  fay,  on  or  about  the  twenty-ninth  day  of  the  fame  April  in  the  year  Lit  aforefaid,  before  the  fitting  of  the  coun- 
ty court  of  Blaicn,  and  whilft  the  Judges  of  the  fuperior  court  were  on  the  r  c.rcuit,  the  Lid  Sarah  Brvjun  departed 
this  life,   without  having  been  privately  examined  agreeably  to  the  directions  of  the   act  of  Ailembly,    touching  her 
iree  confemto  th°  execution  of  the  belore  meniijned  conveyance  of  the  twenty- fifth  of  March,  one    thonfaud    feven  - 
hundred  and  feventy  nine  ;  and  the  la  d  Elizabeth  Brown,  daugiitei  of  t.ic  Lid  Tbt.tr.as  Brown  and  Sarah  his  wife,  ha- 
ving fince  departed  this  life  at  the  age  o!  five  yean  or  there'  bout>,   the  laid  trult  eltate  by  the  tenor  of  the  deeds  and' 
conveyances  herein  before. mentioned  devolves  upon   the  faid    Thomas  Btswn,  his  heits  ai.dalTigns  :  and  whereas    it 
snpears  upon  indifputable  proof  to  thi»  General  Affembly,  that  as  the  faid  Sarah  Brown   hath.    expre(fly    limited    her, 
eltate  to  her  own  iffue  in  tail,  her  intention  was  to  exclude  her  other  heirs  in   fivor  of   her   hulband   tiie    faid  The-- 
vnas  Brown,   which  is  fully  exprefl'ed  by  the  documents  exhibited  by  him  the  faid  Thomas,  lo  that  the  fubltance  cf  the 
ait  of  Ailembly  for  the  alienation  of  eftitesoi  feme  coverts  hath  been  fully  complied  with,  and  even   the.  formaline* 
as  far  as  it  was  practicable  ;  and  the  intention  of  the  law  being  no  more  than  to  prevent  the  alienation  of  the    w  ife's 
•rftjjte  through  the  undue  influence  or  by  the  Compuiiion  of  the  hulhand,  and  the  laid  Thomas  Brown,  in    the  prefenc 
cafe  taking  no  eltate  by  the  laid  conveyances  in  the  firlr.  inflance  but  what  he  had  before,    it    is  jtLt    and    realcuable  . 
that  he  Ihould  be  quieted  in  this  title  t )  and  poileflion  of  the  lands  and  preunfts  herein  before  rcierred  to  : 

I.  Be  it  therefore  enabled  by  the  Central  Ajfembly  of  the  ft  ate  of  North-Carolina,  aid  it  is  hereby  enacled  by  the  autht>> 
7'it'j  of the  fame,  that  all  the  before  mentioned  deeds  and  conveyances  (lull  be  held,  deemad  and  uken  cube   firm    and' 
<:fTeclual  in  law  for  the  conveyance  «f  the  lands,  tenements,  hereditament*  and  premifes   therein    mentioned    againit 
the  heirs  of  the  faid  Sarah  Brown,  and  fo  as  to  b»r  them  and  every  of  them  forever  ;   and  -.hat  the  conveyance  by  in- 
tlsnture  from  the  faid  Thomas  Brown  an  Sarah  his  wife  to  the  faid  George  Lucas,  Wearing  date  the  twenty  filth  day  of 
March,  one  thoufand  feven  hundred  and  leventynine,  at  before  mentioned,  with  the  trivate  examination  and  decL- 
ji. ion  of  faid  Sarah  Brown  thereto  annexed,  now  upon  record  in  the  regillry  of  Bladen  county,  foall  be  held,    deem- 
«  d  and  taken,  and  in  a'l  courts  of  law  and  equity  lliall  be  conftrued  and  adjudged  to  be  good  and  ifttctual   in  Lw  for- 
conveying  the  eitates  of  the  laid  Thomas  Brown,  and  the  laid  Sarah  Br  own -tin  wife,  and  each  of  them,  of,  in  and   to  - 
tne  feveral  lands,  tenements,  hereditaments  and  premifes  in  the  faid  lalt  mentioned  indenture,  meat  ooed  in  the  lame 
manner  a.s  if  the  laid  Sarah  Brown  had  bien    privately  examined,  with  refpeCt  to  her    tree   content   to  the  execution 
tiiereof  in  any  manner  prefcribed  by  law,  and  as  if  Inch  examination  and  declaration  had  been  certified  by  anv  Judge,  - 
Jnllice,  Court  or  Commillieners- for  thatpurpof**  leg-ally  appointed  ;  any  Ian,  ufage  or  cuilum  to  the  contrary  in  any/ 
■wife  notwithstanding. 

]I.  And  be  it  enacled  by  the  authority  aftrefaid,  that  is  all  or  any  fuit  or  fuits  which  may  hereafter  be  inftituted  agpinft 
she  laid  Thomas  B<  own,  Iv.s  heir?  or  alfigns,  by  the  hens  of  the  laid  Sarah  Brown,  his  late  wile,  or  hy  any  other  per- 
ion  or  perlons  claiming  by,  from  or  under  them,  or  any  of  the. n,  for  the  recovery  of  all  or  any  oi  the  land-,  tene- 
ments ©^hereditaments  mentioned  or  defcribed  in  the  faid  l-ft  mentioned  mclt-muie  of  conveyance,  thu  ;>c~t  may  be 
jiven  in  ev.dence  in  the  lame  manner  as  p.iblic  act*  without  fpecial  pleading,  and  Shall  be  a  perpetual  bar  to  any  fuck ' 
Suit  ;  any  law  to  the  contrary  ncitwithllanding. 


Chap.  XXVIL  Ah  acl  to  quiet  in  the  po[fjfion  of  William  Scott  arta'in  lands  therein  defer  ibed. 

WHEREAS  Samuel  Scott,  d.-ceafed,  did  in  the  year  one  rhouland  feven  hundred  and  fii'y  thrte,  ootain  a  grant- 
from  Lord  Grar.ville'i,  office  for  fix  hundred  and  forty  acres  of  land  lyi.;gon  Rich  fork  and  Reedy-iork,  in  Cud. 
Jord  cou.ny,  then  Row  ,n  county  :  and  whereas  it  hath  hien  made  appear  10  tne  fatisfaction  of  this  General  Alfemblf 
ky  lundiy  afii  iavits,  that  through  nsiftake  of  the  lurveyor  the  plat  returned  into  tne  office  of  the  faidLoJd  Granville 
(and  which  is  annexed  to  the  grant)  does  not  by  the  courfes-and  d. fiances  therein  fpec.litd,  include  the  quantity  oi 
land  conveyed  to  the  laid  Samuel  Scott  by  Lord  Granville  :  and  whereas  the  IzU  Sam^l  Scctt  hath  iince  d.ed,  and  ba- 
•j.ieathed  to  his  '.'t>n  WUli  im  Scott  the  aforefaid  tract  of  land  : 

I.  Be  it  therefsre  cn<3:dbvtht  General  Ajfembh  of  the  State  o/North-Caro'ina,  and  it  is :  hereby  enifled,  bythe  autho' 
rity  of  the  fame,  that  from  and  after  the  p.ilfinj  of  this  ad,  the  traet  of  land  tying  on  Rich  foik  and  Re^d,  fork,  in  Guil- 
trird county,  formerly  Rowa,i,  conveyed  bv  Lord  C/attvilietu  Samuel  Scott  fjr  fix  hundred  and  forty  acres,  have  the 
following  bounds,  inftcad  of  thofe  fpecified  in  the  conveyance  from  the  faid  Lord  Gr~njiile  to  Samuel  Scott,  viz.  be- - 
ginning  at  a  white-oak  corner  to  nu.nber  thirteen,  running  louth  along  that  line  three  hundred  and  twenty  poles, 
thence  welt  thre*  hundred  and  twenty  poles,  thence  north  three  hundred  and  twenty  poles,  thence  eaft  three  hun. 
died  and  twenty  poles,  eroding  Reedy. {oik.  twice,  to  the  firft  ilation  ;  and  the  laid  William  Scott  is  hereby  declared  tin 
fce  niveU;  j  with  as  fall  nii  xinpie  ri^'u  a.id  tilk  M  the  land*  iaclB&d  Hixkia  the  J'.dJ  lkes;  as  he  would  or  might  hare 


"7 

been,  had  tbey  been eskgrefily  mentioned  ir,  the  conveyance  nude  from  Lord  G^atruillelo  the  faid  Samuel  Scot.',  Pro- 
ifided,  no  other  perron  or  per  lops  have  tiny  [a  Vful  claim  or  any  pai  t  thereof  prior  to  the  raffing  this  a£t, 

Chap.  XXXII 1.   An  a^l'to' amend  an'dcl,  e'niiflecl',   An  act  for  .thepegulationof  the  town  of  Hillfborough-,     p.  74. 

WHErtEAS  it  is  the  intereft  of  every  ttatc  to  regul.*te  tire  police  of  its  towns  and  encourage  their  trade,  and  the 
laws  heretofore  n::de  fer  regulating  tl  e  town  of  tiittjkffrougb  having  proved  dt  fective  : 

I.  Be  it  therefore  eaailidby  the  Gerie*af  Affembty  of  the  Sidle  of  North- Carolina,  addit  is  keMy  enabled  by  the  ait. 
thority  if  the  l<r-n.:,  that  the  cKrimiiflione'rs.  for  the  ("aid  town  heretofope  chofen  and  qualified  agreeable  to  law,  and 
their- fuctrifiortf,  Ih'Jtt  hatfe full  jtowe'r  frcta  time  to  rime  and  stall  times,  to  make  fnch  rules,  orders,  regulations 
and ordinarices as-td  the:::  iTi'a'H  |e  rn  meet,  for  repairing  tr.e  iticc:-,  appointing  a  town  conftable  orconftables,  watch- 
es  or  patroles,  and  making  proper  allowances  by  fees  pr  other  wife  for  fuch  fereices,  and  for  all  other  nceeiTary  riilesj 
orders,  regulations  md  'ordinances  "which  may  (end  to  tke  advantages  improvement  and  good  government  of  U'ui 
to>vn  ;  and  the' fajd'rules,  ordinances  and  regulations  from  time  to  alter,  change,  attend  and  discontinue,  as  to  the 
fad  comniiihoners  or  a  majority  of  them  lhall  appe  ir  necefiary  ;  .and  alio  to  have  a«rp!e  powers  to  enforce  a  compliance 
and  obedience  to  inch  regulations,  by  laying  fines  and  penalties  on  thofe  who  (hall  refute  or  neglect  to  conform  to 
fuch  rules  and  regul  .lions,  no:  exceeding  five  pounds,  and  in  cafe  of  (laves,  the  puhifhment  not  to  exceed  thirty- 
nine  lalhes  ;  the  laid fihes'to  be'.rc'co'vered  and  the  pnr.iihir.cnt  inflicted  in  maimer  hereafter  mentioned:  Proiude\L 
that  fuch  rules  and  regulations  are  not  incot  fijlent  w  1  h  the  laws  of  the  land, 

And  whereas  it  is  the  proper  office  of  the  faid  commrfiloners  to  make  b)  e-laws  and  1  epilations  for  the  government 
of  fnd  town,  .u.d  it  has  been  found  ii  convenient  and  often  impracticable  to  call  together  the  I  hid  cTanimiffioners  for  the: 
immed'ate  purpole  of  punilhing  cfrendtri,  whereby  the  laid  regulations  are  never  properly  carried  into  effect:  fcr 
reined  /  whereof, 

II;  Be  it  enablSd,  by  the  authority- afore/hut,  that  a  proper  perfon  fhall  be  elected  at  the  lame  time,  and  in  t he 
mincer  directed  by  hi*  tor  ele&ing  commiilioners,  w  ho  lhall  be  called  the  magi  fixate  of  polire  for  faid  town,  wh&l: 
duty  it  'lull  be  to  enforce  obedience  to  the  laws  and  puniih  offenders,  and  (hail  be  and  is  hereby  authorifed  to  ihbe  his 
warrant  directed  to  the  fhefWT,  deputy.  mJerifftor  town  conirable,  to  fummou  offenders  KgainR  the  laws,  rules  and  or- 
dinances mads  and  provided  fur  the  regulation  of  the  faid  town,  to  appear  before  bin},  and  en  their  cor, 
whicii  (hall  be  in  the  fame  manner  as  trials  before  Jutlices  of  the  Peace,  the  laid  inagiftrate  is  hereby  a.mhenfed  and 
required  to  give  judgment  and  award  execution,  agreeable  to  the  laws,  rules  and  ordinances  provided  fcr  the  govern- 
ment of  the  laid  town,  which  warrant  or  execution  the  Iheriff  or  conliable  is  hereby  required  to  execute  ;  and  on 
fuch  trials  the  laid  magiftratc  is  hereby  aotberifed  and  declared  to  pqflel.s  all  the  rccelTary  power  to  aduiiuiirer  paths-, 
and  fiibpcena  and  examine  witneffes,  and  lhall  rake  the  following  oath  before  he  enters  into  the  execution  of  his  office  : 
"I.  A.  '&.&ifolemnlyJwear,  that  as  a  magi/irate  of, 'police  for  tbeto-Wn'cf^iWi&atough,  I  will  do  equal  right  in  allcafes 
vha'.Joever,  to  the.be/lof 'my  judgment,  etidiicc.trdingfo.tbe  laws,  rules  and-w-dmances  m-ade-for  the  gtsverXfUSut  </  the 
faid  to'.u:i  ;  all  fines  and  amercements  which  may  happen  to  be.made,  lyjill.cauJetobedk.ly  r<;.:>  ned  ti  the  proper  officer  ; 
and  it:  all  things  belonging  to  my  office,  during  my  cmtinnance  therein,  i  will  faithfully,  iruiyandjuftly,  accirdii  g  to  the 
he't  of  my  full  aid  judgment,  do  eqt,a( and  impartial  jujiice."  Providid  always,  that  where  any  pcrlcn  (hall  think  h/'ia 
or  herfelf  aggrieved  by  the  judgment  of  the  faid  magistrate  of  police,  fuch  perlon  llr.ll  have  the  rij>hx  of  appealing 
itoni  the  faid  judgment,  to  the  court  of  pleas  and  quart  er-feilions  held  for  the  county  cf  Oranee. 

III.  Repealed, 

IV.  And.  ^e  it  further  enailed,  by  the  authority  ofsrefaid,  that  all  acts  and  claufes  of  ads  that  come  within  the  pur- 
view and  meanhig  of  this  act,  lhall  be  aid  the  fame  are  hereby  repealed  and  made  void, 

CtTAr.   XXXV.  Artccl  to  ereBani  eQablifo  an  Acadenty  hi  the  comity  o/" Richmond.  . 

WHEREAS  the  cftablilhing  an  academy  in  the  fa  ill  county  for  the  education  of  youth,  will  be  attended  with 
great  advantages  to  the  itute  in  general,  and  the  county  of  Richmond'm  particular  : 
I.  Be  it  therefore  er.ailul  by  the  General  Affsmbly  if  th'ejlait  of  North-Carolina,  ardit  is  hereby  enabled  by  the  m- 
thrityoftbe  fame,  that  ffeniy  I'/illiam Harrington,  Thomas Dockergt  Thomas  Crawfird,  Miles  Kim',  Edward  )lri'Aian<s, 
Matbe*)  Covington,  ljratl  Sneed,  Jbfcr  Howard,  WilllamThorr.as ,  l'/'d!'a.n  Lovt,  Dudley  Mafk  and  JVilliam  Hunter ,  U- 
nior,  Efquires,  be  and  they  are  hereby  conflituted  and  appointed  trultees,  with  foil  power  and  authority  to  receive 
into  their  hands  and  pofielhon,  ail  monies  and  other  property  which  have  been  or  hereafter  may  be  lubferibed  for  the 
purpo'eof  erecting  an  academy  in  the  county  aforefaid  by  the  name  of  Richmond  academy  ;  and  the  faid  truftcesand 
their  fucceflors  fliall  be  able  and  capable  in  law,  toafkforand  demand,  receive  and  pofi'cls  of  the  fcveral  fublciibers, 
all  fums  by  them  refpectively  iV.b;crib::d,  and  in  cafe  of  ref'ulal  cf  any  of  them  to  pay  the  fame,  to  fuelor  and  recover 
by  acfioi  of  debt  or  mhcrwife  in  the  name  of  the  iruftecs,  the  fum  which  fuch  perfon  lo  refuting  mall  have  fubf'cri- 
bed,  in  any  jurilchcYion  having  cognizance  thereof  ;  and  the  monies  when  collected  and  received,  to  be  applied  by  the- 
faid  trultees  or  a  majority  of  them  towards  paying  for  repairing  the  hcufe,  t'j  contract  with  and  employ  a  tutor  or 
tutors,  and  to  n«i  form  every  ;ct  or  thing  that  they  or  a  majority  of  them  lhall  think  nccell'ary  and  expedient  fcr  ill-; 
r..i  •  iticemeut  of  tie  faid  academy,  and  the  promotion  of  learning  therein. 

'3 


ii8 

II.  And  be  it  further  enc.ctcd  ny  the  authority  afor efaid,  that  the  truftees  tier  em  before  mentioned  Ihall,  previous  to 
thf.ir  enuring  on  the  execution  of  the  truft  repo'ed  by  this  act,  give  bond  to  the  court  of  the  faid  county,  payable  te  the 
chairman  and  his  iuccelTers,  in  the  film  of  one  thoufand  pounds  fpcc.e,  with  condition  that  they  ihall  well  aid  (a'uhtul- 
]y  a^  count  lor  arc!  appiy  all  gilts,  donations,  bequelU  and  monies  which  they  miy  icceiveof  and  by  virtue  of  this  act, 
ior  the  purpofis  aforefaid. 

1 1  f.  And  be  itfur'htr  enacle'd  by  the  authority  afar  faid,  that  if  any  of  the  trufte  s  by  this  act  appointed  fliall  die,  ref  ufe 
to  act,  or  remove  away,  chat  he  cannot  attend  ro  the  duties  ol  h  s  appointment,  the  remaining  trnftccs  may  appoint 
another  or  others  in  bis  or  their  Head,  who  fliall  exercife  the  lame  puv.  cis  as  ti  uftcs  appointed  cy  this  act,  and  when 
met  together  in  faid  county,  Ihall  have  power  and  authority  to  elect  and  conJCtj.tn.te  l  ne  cr  more  tutor  or  tutors  aid  a 
treasurer,  and  .ill'o  to  make  aid  ordain  fuch  rules  and  regulations,  not  repugnant  fo  the  laws  of  this  Plate,  foi  the  w  eU 
ordering  of  the  ftudeuts,  their  morals,  Ibidies  and  academ  cal  excrcifes,  as  to  them  (h  ill  leem  meet,  and  to  give  eer- 
tificates  to  fuch  l'tudents  as  fliall  leave  laid  academy,  certifying  their  literary  merit  ;  provided  they  lhal)  not  on  any  ac- 
count confer  any  degree,  iuch  as  batchelor  or  in  .iter  of  ai  is  or  doctor  in  any  faculty  ;  in  ge.ieral  they  ihall  and  may  do 
all  fuch  things  at  are  tilually  done  by  bodies  corporate  and  p  ihtic,  or  fuch  as  may  be  neceliary  for  the  promotion  of 
learning  and  virtue  ;  and  the  Paid  truftees  or  a  majority  ol  them  are  hereby  empoweued,  11  d  iiiall  have  lawful  autho- 
rity to  remove  the  tutor  or  tutor1,  treafurer  or  any  of 'hem,  if  they  (hall  find  it  i  e:eil'iry,  and  on  the  death,  re- 
fignat'on  or. refuial  to  act  of  at  j  ol  them,  lo  appoint  andfe|  ect  others  in  the  Jlead  of  ihofe  dilplnccd,  dead  or  reluling 
to  act. 

IV.  Andbelt  further  enabled  by '(he authority  afprefai3k  that  the  truftees  by  this  act  appointed,  or  a  majority  of 
themar.d  their  lucceflors,  Ihall  incct  annually  oil i  the  iii  It  Mtnday  in  January  in  e.ch  and  every  year,  or  at 'jahv  jiffcejr 
vime'they may  find  more  convenient,  and  elecVa  proper  peiGoii  pat  of  their  own  h  c'y  w,prefide  for  the  term  <M  one 
year,  who  may  convene  the  truilres  at  anytime  he  ma /find  it  necellary  :  Provided  always,  that  he  Ihjdl  give  teodtkys 
previous-notice  of  fuch  meetings  ;  and  that  the  pi  clident  aud  Lre.durer  Ihail  be  jcbofeu  ou  ihe.fii'it  Monday  in  jiiuuury, 
unlet*  in  csiesdf  unavoidable  accident. 

V.  And 'be  itfurther enafled by  tht  authority  aforefaid,  that  the  rresfurcr  of  the  fad  ioard  of  trjtftees  Piia'i  enter  into 
bond  with  fufficicnt  fecuriiy  Lo  'he  trullees,  condit'omd  '.or  the  farthful  oilcharge  of  tee  trull  j-epol  •!  in  bi.ai  by  this 
-aft  ;  .and  that  »11  monies  and  chattels  hat  fliall  be  fn  hi» 'ia.'ds  at  tl;e  expiration  ol  Ins.  ciSce,  ijialJ  heirnmc-Jiareiy 
paid  into  the  handsof  the  fucceeding  treafurer  ;  and  every  treasurer  (haft  receive  all  ntcniesj  dona  ions,  p,ifts,  be- 
tmelts  and  charities  that  may  belong  or  accrue  to  fjid  acatfeni;  ttuciug  his  office,,  and  at  the  expiration  ti'ci\  ii".  (hall 
account  with  the  trufteesor  a  majority  or  them  ro  ■  th  •  la  ue  ;  ana  a  r^f  if,  or  net;/  :ct  to  pay  and  dsliyear'as  ai»'e- 
frid,  the-fcime mode  of  recovery  may  be  had  cgaii  ft  l)i«n,  as  is  or,  may  b<  provided  fcr  the  -recovery  of  money  froja 
Hieriffs  or  other  public  officers.  Prtvidsd  never thcbfit  that  the  laid  ujcadetuy  thall'  not  j»a  coniidcred  as  one. of  the 
fenimarics  of  learning  intended  by  ihecouitiiut  on. 

Chap.  XXXVII.   An  etl  to  empower  the  cotintv  ce-irt  of  Cumberland  it  *pp»'.nt  infpec7ors  for  the  viarehoufe  built  in  Fiy- 

etteville  by  Roberlon  Mumford  tmd  James  Por.n  li  ii  ,   tj  •btifhedby  act  tj  Afjembly,  paffed  tht  twenty   mr.thdii}   if 

December,  one  thoufimd) 'even  hmndr eft  and  eighty  five,     p.   159. 
I.   Yy  B  ''  enaflid  by  the  General  Affemb'fy  0/  (be/Fate  c/.Ncrfi-Carolina,  and  it  ish'reby  en.  fled  by  the  authority  of  tbe 

Hj  fame,  that  the  county  court  ot  CurrrberLmd  are'tirrefey  aathorife'd  and  required  to  appoint  two  infpedors  to 
the  faid  ware  hemfe,  jfubject  to  the  |;me  rules,  icguiar  '<<ns,  'fines  and  fortciturefj  aud  entitled  to  the  lane  privileges 
as  other  inlpettors  heretofore  appointed  by  h?  county  court:  Pjtovided,  that  the  faid  two  iafpecfors  to  be  appa-int-d 
in  virtue  of  this  act.  ihall  not  be  the  fame  perl:ais  «rfio  are  ths  inspectors  at  the  warehotile  of  Thackflon  and  company* 

III.  /tnd  be  it  further  eaaSed,  by  the  authority  ejorefaid.  that-no  preference  fhall  b<-  given  by  the  Paid  court  to  any 
cfiablilhed  warehoule  ercftnl  in  F  yet'.eroilk  ;  any  law,  u'.«ge  or  ctiltom  to  tl>c  contrary  notwiihftandmg. 

III.  Andbe  it  further  enuBd,  that  the  (heriiP  of  the  comny  ot  Cumberland  is  hereby  .empowered  and  required,  to 
fummons  a  majority  cf  tbe  Ju'.tices  of  the  faid  county  to  r»eec  on  the  lecond  M on  day  of  December  nexr,  in  order  to 
appoint  two  iulpectors  to  the  warehouPe  of  Mumford  and  Perterfield  aforefaid  ;  who  Ihall  continue  untii  the  next.coun- 
ty  court  ot  Cumberland,  and  be  Inject  to  the  lame  reftrictions  as  ether  iulpectors  of  tobacco  ai  public  warehsufes  : 
Provided,  that  all  the  J^ '  ftice*  of  the  Paid  county  of  Cumberlaad,  (liall  be  entitled  to  fit  and  vote  on  the  appointment  to 
be  made  on  the  lecond  Wondav  in  December  aforefa'd. 

*- ' 

Chap.  X.'vXVJII.  An  it!  ti  anend  bi  nB,  entitled.  An  act  for  ne  better  regulation  of  the  town  of  Fayetieville,  p. 

504,  paffed  a1-    1  arborough,   in  November,   one  thoufmnd /even  hundred  ai.i  tightymfeven. 
'^TI/HEHEAS  ltveral  necellary  regulations  have  be:n   omitted  in    the    above   recited   act   :    for  letnedy    where 

I.  Be  it  enatfed  by  the  General  Affembly  of  the  flat;  «/rNorth-  Carolina,  audit  is  hereby  enacltd  by  the  authority  of  the 
fame,  thit  wlien  any  perlbn  Ihall  be  appointed  by  the  comniillioners  of  the  Paid  town  to  collect  the  tax  or  taxes  there- 
of, he  Ihall  prior  to  entering  on  the  exccu.ii  11  ot  his  office,  enter  into  bond  w  ith  lulficient  lecurky  in  the  furn  of  two 
hundred  pounr's  to  the  ccmniifnoneis  if  the  laid  town,  and  iheir  lucceflbrs  in  ifTiie,  fcr  the  faithful  dilchar.^e  of  his 
duty;  and  in  ole  the  perfen  to  appointed  fliall  refulie  to  ,1'erve,  or  fail  to  give  lecurity  as  aforefaid,  the  faid  coni- 
milli  oner*  fiiaii  proceed  to  nominate  and  appoint  any  other  pi  rlou  who  may  be  willing  to  act,    and  enter  into  bund 


2*# 

iriih  fecmiij.ln  manner,  a?  afqfefaid  ;  ana  the  co] lector  fo  appointed  fli ill  an.!  it   hereby  empowered,    direfted   and 

required  tocJ  ...    :■•  fa  d  i  i  ne  to  the  treafurer  ol  the  (aid  town,  on  or  before  the  fir  ft  day  of  /kfav 

in  e.ic'i  and  ev:  ;  \  \  (•        aftc'i  cent,  cpoimiflioo.s  foe  hi>  trouble  ioi making    fuch    c  lieftion  ;    and   if 

any  luch  cblleft  rfh.il        gleet  '        •-      n'i  for  on  oath,  and  pay  the  leveral  taxes  wherewith  he  is  char  >eabl© 

according  to  the  d  recti*  ns       t  it  (iia'l  ;      !  tni\  be  lawful  for  the  fuperior  court  of  Fayettcvitle  diftr  ft,  or   the 

county  court  of  Cttmotrlun  .'    on  :  ttrmnhTioners  aforelaid,  or  a  majority  of  them,  or  on   moticn  of   the 

treafurer  of  tbe'to'vn  afore  .air,   to  enter  up  judgment  againft  fucfi  coUeclor  and  his  fecurities,  for  all 

monies  tf  crew  ith  he  (hail  or  „,  •-  tfi&Tj  cable  to  fatd  town,  with  (nils  of  Art,  and  thereupon  to  award  (xecutioa' 
againvt  the  goods  and  chart:i;.  I*n<h  «nd  'c  iements,  or  againft  the  bojy  of  the  (aid  collector,  and  his  fecuntics  ;  /Vs- 
■vided  -ai*  ey<,  that'the  laid  coiltclnt  Pull  bavereh  d<.v-  notice  r  retious  to  fuch  tnotion  being  made. 

II.  Ana  le  &  further  m  itrcd  ■  v  the  author  ity  aforejuid,  that  the  commirTionera  of  the  lad  town  fhall  annually  lay 
and  levy  a  tax,  not  exceeding  K  ur  fbiiiings  on  every  hundred  pounds  value  of  taxable  property  within  laid  town,  and 
a  proportionable  poll  tax  on  all  perfons  who  do  riot: poliefs  in  fa:d  town  the  value  of  one  hundred  pounds  taxable 
property  ;  and  ail  perfons  having  rcfided  iix  months  •'-  tthin  the  limits  of  laid  town,  (ball  beconlidered  as  fubjeci  t* 
fuch  taxes. 

And  wiiereas  feveral  of  the  inhabitants  of  faid  town  have  erected  wooden  chimnies,  whereby  fire  may  be  commu- 
nicated, to  the  great  advantage  of    \e  build  r.gs  and  otl  er  property  of  the  citizens  thereof  ; 

III.  Be  it  (nailed,  by  the  auihtrity  afore/aid,  that  the  commiliioiiers  for  faid  town  fhall  be  and  they  are  hereby  em- 
powered and  required,  to  direct  ah  lucij  perion  cr  perfons  to  remuie  fuch  nnifaiices,  under  the  penalty  often  pound* 
tor  each  and  every  ft  eh  offeree,  negleft  or  refu.I'al,  to  be  recovered  by  warrant  under  the  hand  and  leal  of  1  dd  cont- 
mifficmers  or  the  magiftrate  of  police  o'  fa  id  tow.i,  d:>-eeied  to  any  per  len  by  them  appointed,  which  money  (hall  be 
paid  into  hands  of  the  teealurer  of  faid  to  va  ;  and  fuel)  perion  lo  offending  fhaii  be  further  liable  to  pay  ;.ll  damage 
which  fhall  or  may  arile  therefrom.  Provided  that  ..o  perion  iba'il  be  (object  to  this  penalty  until  the  conamiffioners  fhall 
have  made  publication  of  this  regulation  for  the  ipace  ofitx  months  at  the  door  of  the  court-houie  of  the  county  of 
Cumbi  rl  ind. 

IV.  An  !  be  it  further  emitted,  by  ihe  uuthnnty  afi-efaid,  that  the  commitfioners  of  the  faid  town  fhall  annually  in 
the  mnn'uh  of  DeccmL.  r,  pubiiih  an  accurate  iift-of  thg.m»nies  I?y!ed  and  collected,  and  alio  of  all  meniis  they  may 
have  received,  either  by  lines,  donatio  ■  or  otherv$ifc,  tor  the  ule  of  the  faid  town  ;  together  with  an  accou.it  cf  each 
him  expended,  to  wtiom  p.>'^l  ludfor  wha.t  purpofe  ;  togither  with  an  account  current,  in  which  fhall  be  ftated  the 
balance  remaining  in  iliei  hands  if  any  j  and  the  commi.llroners  fail 'rig  to  comply  with  the  fame,  fhall  forfeit  and 
pay  the  Inn  ol  fi  ty  pounds  tor  each  and  every  offence,  to  be  recovered  by  any  p.crfon  (who  fhall  fue  for  the  fam« 
within  twelve  months  alter  the  commitment  of  (uch  •trence)  before  any  court  of  record  baring  cognizance  thereof, 
one  half  to  the  ufc  otihe  preftciiti  r,  the  other  half  to  be  paid  to  the  trealurer  of  the  town  aforelaid  for  the  ule  of 
the  faid  town  ,  which  fum  rr  f'.ims  fhali  be  levied  on  the  proper  goods  and  chattels,  lands  and  ferements  of  the  faid 
cammiflroners  or  eiLi.fr  of  them. 

V.  Ai.d  be  it-further  emitted,  by  the  authority  oforefaid,  that  fo  much  of  the  before  recited  aft  as  comes  within  the* 
purview  arid  .neaningof  this  aft,  is  hereby  rcpealedand  made  void. 

Chap.    XLI.    An  at!  to  enable  John  M'Gee  to  inherit  anl  newer  the  effete  of his  reputed  brother,  JelTe    Steed,    de- 

ctafed. 
\j\ 'HERE AS  his  represented  to  this  General  AiTimbly,  that  Jeffe  *teed,  late  of  Guilford  county,  deceifed,  in. 
VV  his  lifetime  and  at  the  time  of  his  death  was  entitled  to  a  confi.terahle  real  eftate.  befides  fome  peifonal  pro- 
perty, ar,d  that  the  fud  Jeffe  Steed  departed  this  life  in  or  about  the  month  of  May,  one  thou  and  feven  hundred 
and  eighty  (even,  inteftate,  without  leaving  any  wife  or  itTue,  and  that  adminiftration  of  the  goods  and  chattels, 
rights  a:,d  credits  of  die  faid  Jeffe  Steed,  was  a'terwaids  granted  by  the  county  court  of  Guilford  to  one  James  Boba* 
r.on,  who  c  aimed  the  fanu  ae  the  greater!  creditor  of  the  laid  deceased  :  and  whereas  it  having  been  made  appear 
to  this  General  Aflembly  that  the  fa;d  Jeffe  Steed  wt  an  illegitimate  fon  bom  of  the  body  of  one  Elizabeth  Steel, 
?nd  has  left  no  kindred  who  can  legally  focceed  to  his  eftate,  but  has  left  his  reputed  brother  John  M'Gee,oi  Brunf. 
wick  county,  in  Virginia  (aifo  a  fon  of  the  faid  Elizabeth)  but  born  in  wedlock  during  her  corerture  with  Michael 
M'Gee,  whom  it  is  reafonab'e  to  fuppofe  the  faid  Jeffi  Steed  might  hare  preferred  in  cafe  he  had  made  a  will  :  ani 
whereas  it  has  hkewife  been  made  appear,  that  the  faid  Elizabeth  bore  two  other  children,  to  wit,  Mifes  and  Michael 
M'€ee,  and  no  more,  and  afterwards  died  ;  that  the  faid  M"fes  died  without  iflue,  and  the  faid  Michael  removed 
hirnielf  towards  S ,uth- Carolina  about  thirteen  years  ago,  and  it  is  not  known  by  his  relations  whe.her  he  is  living, 
or  whether  he  had  iu"u;  or  not  : 

I.  Be  it  therefore  er.atted,  that  the  faid  John  M'G:e  be  henceforth  confldered  as  next  of  kin  to  the  faid  Jeffe  Steed, 
dec  afed  ;  and  that  he  the  faid  John  M'Gee,  be  and  he  is  hereby  empowered  and  enabled,  in  his  own  name  to  afic, 
demand,  lue  for,  recover  and  receive  all  -the  eftate  both  ical  and  perfonal  whaifoever  of  the  faid  Je/se  Steed,  to 
•which  the  faid  Jeffe  Steed,  at  the  time  of  his  death,  was  or  might  be  entitled  either  in  law  or  equity  ;  and  ihat  all 
iuzh  tea!  and  perfonal  eftate  be,  and  it  is  hereby  fully  and  absolutely  velted  in  the  faid  John  M'Gee,  his  heirs  and  a(- 
.:^ns  foreve.-  ;  except  fuLli  part  of  the  pcrfoial  eftate  as  has  been  or  may  be  legally  adminiftered  and  appropriated 
to  the  payment  of  demands  agajnft  the  faid  eiiate  ;  Trovided,  that  he  cr.tei  into  bona  with  fecurity  in  the   county 


ftfts> 

ecu  t  a.-'iii.  .;J,  to  fu  render. or.e  halt  of  the  faid  eft  ate  to  Wcha  !  M'Jee  me  younger,  or  hi;  !iei-s,  if  he  or  they 
flioUld  a  pe  r  and  ci  1111  the  fame,  after  dedu&iiig  all- reafonablc  expences  by  him  incurred  in  the  managetbent  o'i 
the  faid  i --it-.i  e  ;  »nd  the  Lid  court  cf  C.ii.frd  county  L  hereby  autborjfed  and  dire&ed  to  take  bond  asdaiorefaidj 
and  c.iufe  trie  f  me  to  be  filed  of  record. 


Chap.  XLII.   An  at!  for  ere  cling  a  town  ontke  li    h    (.7  ■   nas   Douggan,  in  Randolph  county. 

W'HEREAS  it  hath  been  represented  to  this  General  AfT  mbly,  c3i.  t  a  tow;!  in  the  county  of  Ranfo'ph,  on  the 
lindsoi  I h'im  is  L>o--pg an,  at  the  court  houfe  in  f.iid  county,  would  be  conducive  to  the  in.trelt  of  the  faid- 
county  ;  and  the  hid  Thomas  Douggan  having  Signified  his  con&nt  to  have  one  h'untired  acres  cf  the  laid  land  laid  oft* 
for  a  town  : 

I.  lit  it  therefore  enacted  by  the  General  lijfemliy  of  the  Rate  of  Nrrth- Carolina,  and  it  is  hereby  er.atled by  the  autho- 
rity of  the  fame,  that  the  faid  one  hundred  acres  of  land  be  laid  out  in  lots  con  ai  ling  one  acre  each,  and  llreets  ac» 
cordingly  ;  and  the  lame  is  hereby  conftituted  and  eftab  'ifhe.d  a  town  by  r.h;  name   if jfob«ftatatffle. 

II.  And  be  it  further  enabled  by  the  authority  afore/hid,  that  lroin  an*  after  the  palling  of  this  a<fc,  Jeduthan  Harper, 
Jeffkffendly,  Stfofuel Milikin,  William  B.ll,  w.d'/.ebedee  Wood,  be  and  the  by  appointed  commifiioners  and 
trultees  for  defigning,  building  and  carrying  on  the  faid  town  ;  and  they  fhall  (tan  i  fe  ^ed  of  an  indefeafible  eftatc 
in  fee  fimple  to  the  faid  one  hundred  acres  of  land  in  trull,  foi  the  ufes  and  purpofes  herein  exprefled  ;  and  they  or 
a  majority  oi  them  lha!l  have  full  power  to  meet  as  often  as  they  (hill  think  proper,  to  lay  off  the  laid  lots,  with 
proper  and  convenient  llreets,  lanes  and  alleys,  each  lot  t6  be  ten  poles  in  front  and  fixteeu  po'ea  bat':,  and  caufe  a 
plan  of  the  faid  town  to  be  made,  and  infert  therein  the  marks  and  numbers  of  each  lot :  Provided- always  that  no- 
thing in  this  act  Hull  be  conftrued  to  grant  powers  to  the  commilfteners  and  their  fuccefTcr»,  to  difpote  of  fuch  lot 
or  lots  within  the  limits  of  the  faid  town,  as  have  been  fold  or  difpofed  of  by  the  fiid  Thames  Douggan  at  Stephfn 
Kigdon  ;  nor  fueh  as  the  f.i .id  Thtmas  Doiiggan  has  referred  for  himfejf  and  bui't  thereon. 

And  whereas  there  are  rive  acres  of  land  whereon  the  court  houfe,  prifon    and    (locks. do  (land  belonging    to   the 
faid  county,  and  conveyed  by  deed  frbitt  Stephen  fSgdoz  icr  the  u  fe  of  the  faid  county  ;  which  is  snore    than  fi 
for  the  public  buildings  cf  faid  count),  and  Will  I  I  '  _ry  inconvenient  in  or  near  the  center  of  the   faid  town  : 

III.  Be  it  tHtfefore^ehdcTtd  iy  the  umbo:  ity  aforefaidj  that  the  faid  commiflionera  are  hereby  authorite  1  and  requir- 
ed, to  lay  (  ft"  two  ceres  of  the  faid  land  in  the  molt  convenient  manner,  to  include  the  pubik  buildings  of  th  :  f.i  i 
county  ;  and  the  remain  fag  three  acres  to  lay  od'as  part  of  the  faid  town,  and  fell  fuch  lots  or  pans  of  lots  to  the-. 
highefl  bidder,  and  the  monies  ar  ding  therefrom  to  be  pad  by  the  faid  commifEoners  into  the  hands  of  the  county 
truftee,  for  the  ufe  and  Benefit  of  the  laid  rounty  :  Provided  ahuays,  that  where  any  lot  or  lots  ill  ill  contain  part  of 
the  aforef.-.id  three  acres  of  land  and  part  of  the  land  hereby  granted  by.  the  fa'd  Thtmas  Doaggartj  that  f  uih  part  fliall 
he  fold  by  the  cnrhmifficrnSrs  to  the  bight  ft  bidder,  and  they  lhiil  pay  to  the  faid  Thomas  Douggan  lor  fuch  parts  of 
k>ts,  one  half  of  the  money  arifiug  from  Uidi  file,  ind  the  refi  lue  (hall  b;  applied  to  ini  for  the  afij  of  the  laid  to  .-/.: 

IV.  And  be  it  fur  ther  <  naflted,  by  the  at  thority  'aforejbid,  that  as  loon  as  the  faid  town  ill  all  be  laid  of  a*  aforefa'id" 
the  faid  commiflioners  (lull  have  full  power  to  ta!;e  fubferiptions  for  the  laid  lots  ;  and  when  they  fhall  have  taken 
fubferiptiens  for  fifty  lots  or  wore,  they  fliall  appoint  a  day  by  giving  public  notice  of  the  time  and  pla,e  fi  r  draw- 
ing for  the  faid  los,  which  fljal!  be  done  by  ballot  in  a  fair  and  open  manner,  in  the  prefeace  of  the  commiffioners 
or'a  majority  of  th^tn  ;  and  each'fubferiber  fliall  be  entitled  to  fiicH  lot  as  (hall  be  drawn  for  him,  to  conefpond 
wish  the  mark  and  number  contained  in  the  plan  of  the  f  dd  town  ;  and  the  faid  eommitliouers  or  a  aiaj  >rity  of  them 
fhall  execute  a  deed  in  fee  limple  for  fuch  lots  to  the  fubi'cribs;-:-,  their  heirs  and  alii  jus  {oic^e,  at  the  coils  and 
charge  of  the  gr.miees.. 

V.  And  be  'it  further  ittaU'ed,  by  the  authority  ,ifo'-efaid,  that  each  fuhferiber  fhall  within  one  month  after  drawing 
as  aforefaid,  pay  to  the  Lid  conimiilioners  the  furn  of  five  pounds  ten  (ftitlihga  current  money  for  each  lot,  and  in 
cafe  of  negleci  to  pay  the  fame,  the  faid  conimiilioners  fliall  profecute  a  luit  or  fuits  for  tVe  recovery  thereof,  and 
fnd!  rec.n-er  judgment  for  the  fame  with  eoft-  of  iV.it  ;  and  \!.e  faid  commiluoners  fhall,  as  foon  as  they  receive  the 
faid  monies,  pay  unto  the  faid  Thomas  Douggan  the  fum  of  live  pounds  icr  each  lot,  in  full  fatislaction  for  the  laid 
land,  arid;  the  remaining  ten  (hillings  for  each  lot,  to  be  applied  towards  defraying  the  expences  in  laying  off  and 
improving  die  (aid  town,  in  fuch  manner  as  they  or  a  majority  of  them  may  dire£f,  ;  and  in  cale  of  the  death,  remo- 
val out  of  the  county,  or  refufal  to  acl  of  any  of  the  faidcprriimiffionefSj  the  lurvivcr  or  furvivors  of  them  are  here-- 
by  empowered  to  appoint  another  or  others  in  his  or  their  (lead. 

VI.  4f:eLfe  it  further  ena&ed  hi  j.he  auihorifv  (tforefaid,  that  the  commifTioners  fhall  keep  a  well  bound  bnok, 
W-herein  fiiall  he  entered  their  proceedings  ;  and  they  flull  appoint  a  clerk  and  trcafurer  for  faid  town,  who  (hall  en- 
ter into  bond  with  fumcicnt  iecurity  to  perforin  their  f-.vera!  c.hces. 

Chap.  XLIII.  An  ail  to  amend  an  afl  enti:hd,  UriaSfi'drhcnd an  eft,  entitled,  An  scv  to  remove  all  difabi'itics  from 
SitnoN \tkaryi  and  others  therein  named.  />.  145,   &  j  9S. 
'  HERE  \S  by  an  z€t,  entitled,  An  ncl   to  amend  an   at%  entitled,    jindSt  ti  remove  all  disabilities  from  Simon 
Cle.n-y.,  th:d  othefs therein  riavkd,  palTed  lajt  Grnersl  Aflembly  a;  Tirborough'.  it  is  inferted  and  fet  forth  in 


2  2$. 

ire  preamble  of  the  faid  aft,   thst  the  benefits  in;  ic  perlbns    therein   named,  v/eri    etfendetl  to  them  on 

accou  :  ui'ihtir  inability  to  come  into  thkftate  within  the  time  limitted  b;  the  aft  palled  in  November,  17S4,  corn- 
called  the  confilcarion  aft,  initead  of  December,  one  thoufand  feven  hundred  and  feventy-feyen  ;  and  inftead 
ef-laying  that  a  furtherlf>rovifion''ba  ni-ilde  for  tlie  relief  of  the  laid  S'-mj't  Clary,  it  re  mentioned  ro  be  for  his  life, 
contrary  to  the  intention  of  the-  iegifiature,  and  inconfiftsn:  with  the  ensuing  claufe  of  the  laid  act:  therefore  to 
carry  t:-,e  intention  of  the  General  AilVmb'v  into  effeft,  and  to  prevent  the  laid  aft  from  being  mifconllrued  : 

I.   Be  it  en-icled  by  the  (  My  if the  flat e  of  Niuth-Caroliiaj  an!  it  is  hereby  en, clcd  by  the  authority  of  the 

fa  ne,  ti'it  the  fa;d  emendalory  alt  paned  at  Tarborough  as  a  for  el  aid,  Ih  ill  operate  as  fully,  amply  and  forcibly  as  if  the 
wor  is  December,  one  thou!  .n  i  fcv.en  hundred  audj'erenty.  feven,  h  <d  been  expreffed  initead  of  the  word  and  figures 
November,  794,  and  tile  v.  ord  relief  initead  oj  the  word  i  re  ;  and  the  faid  a£t  (hall  be  fo  underftcod,  conftrued  and 
e-ie.  u  :  led,  and  in  the  fame  manner  a;  it  the  words  Deiemb  r,  o:u  thoufand  teve.i  hundred  and  fevemy.feven  had 
he.;:i  :hetei:i  expreGed  initead  of  the  word  and  figures  November,  1704,  and  as  if  the  word  relief  had  oe:.i  therein 
exprefled  L Head  of  the  v. ord  lite  as  aforefiid  ;   any  law,   ulage  or  cuitoni  to  the  con  rary  notwithstanding. 


Chap.  .  XLVI.   An  1&, empowering  fftotnas  Johiifto.i,  late  fheriff  of  Onflow    county,  his  heirs,  executors,  or  admimJC 
trators,  to  colttel  the  linking  fund  tax  due  p  0/1  that  aunty  for  the  year  17S5,  <;>i  I J  or  g':vi>:g  him  or  them  a  longer  time 
■  to  '"/';:?.;>:/  /.-„  '..  ■       :: ,   and  fir  externting  this  acl  to  the  counties  therein  mentioned. 

WrJEKLASi'ti  -       .1  :ral  A'Te.nbly,  thai;  Tbom'js  JohnfJont  late  fheriff  of  Cnflvw  county,  hajih 

not  received  me  (ihk  ng  fund  tax  due  fro  n  :h  i  inhabitants  of  Onflow  county  for    tlie  year  one    thoufand   feven 
hundr  f  fix;    ftid  that  h<   I  vith  the  fam«  : 

I.  Bi  it  therefore  en  Reiby'.heGt  :  if- the"  fi  ate  of  North-Carolina,  and  it   it  hereby  er.a£?edbv  the  fit* 

thoriiy  his  heirs,  executors  or  adtnhiiftrators,  have  full  power  and  authori- 

ty toco!  ules  andregulations  a?  other  public  taxes  are  collected  and  accounted    for; 

lie  1  r  ibey  (aid  tax,  and  pay  the  lime  into  fhe  p  iblic  tre  [fury  of  the  ftate  of  of  North- Carolina,  on 

orbeforei  1*  next  ;  any  law,  ufageor  cuitoni  to  the  contrary  notwithftanding. 

1;      A  ■  t  '.  r  ■    :    .     the  authority  afore/aid',   that  tnis  act  mail  extend  to  the  counties  of  Tyrrel and  Zi>. 

therfor  tier  as  t»  thkcbikssy  of  Onfb'eni 

Chap.  XLV.II.  -  •  mienda    ail faffed  at  hil*!fooroughyi«  the "year  one  tkoufandftven -.hundred  and  eighty-three, 

eniitlt  It  certain  lands  in  fee  fimple  in  Richard  Henderfbn  and  others,  p.  116. 

WHEREAS  by  1  1    lauger  from  the  Indians^  and  J                        bate  of  the  country    where    the    faid  lands 
lie,  the  fu  Id  not  be  compleated  within  the  time  prefenbed  by  'he  faid  Jaw  : 
I.  Beit  therefore   ■  .  ■                                   ly  cfthe/iate  of  KortJ.-Cavolmi,   ondjtis  hirtbi  mailed  1 3  the  qiitha. 
rity  of  the  fame,   lh  n  and  company,  (hall  have  full  power,   righi    andau:hori:y    to  am- 
pleat  the  faid  fur  ■  I     FactjofiA'ffaaihl)  j   and  -if  compleated  wiVriiii  twelve  mom                     peace 
:  !<-t  led  ■■    h  ■  .  !'  be  asfull  and  effectual  to  ail  intents  and  ^ri  ofes,  as  it  it  had  been  con. pleat- 
ed within  tie  tune  pnfu  bed  by  tl  e  faid  act. 


EaAp.  XLIX.  Aiucl  to  eftablifh  a  town  already   Lid  off  at  the  court  houfe  in  Robefctn  county,  ly  the  namecfLuxwher-* 

ton. 
,t^7T7HEREAS  John  Willis,  El'jiirc,  did,  by  a  eanyeyancejin  truft  tor  tlie  purpofe  ofhasihg  the  fame  laid  off  and 
V  V  dlfpofed  of  by  way  oi'  lotter; ,  convoy  a  certain  q  janttry  of  land  to  Henry  Ligh'.foot,  Ellis  Barns,  J  fQob  Rhodes, 
Sampfon  Bridgers  and  William  Tatham,  Efqui  -es,  who  ■%  ere  purfuant  thereto  appointed  by  ih  cpunjy  c<  urt  of  Robe- 
fox  to  fuperintend  the  lame ;  and  the  laid  fupertntendants  did  caul*  tlie  laid  hnd  to  be  laid  ch1  into  half  acre  lots,  with 
nit  ftreets  and  coa>mon?,  and  a  public  fquare,  by  the  name  tjf  Lumberton  :  and  whereas  the  faid  lottery  v;s 
drawn,  and  the  plan  and  fcheme  tiiereo:',  with  all  other  papers  relpe  citing  the  fame,  liied  and  e'epefited  in  the  clerk's 
office  ef  laid  com  ty,  and  the  public  building  for  faid  county  erected  on  (aid  fquare  ;  and  there  now  bong  confider.a- 
ble  improvements  mai  e  infaid  town,  the  inhabitants  thereof  and.  owners  of  laid  lot:,  are  dtfirous  that  the  fame  mould 
be  eftablifhed  bv  leg  dative  authority  : 

_  J.  Be  it  therefore  entiled  by  the  ductal  AffembH  of  the  State  o/Nrcith  Carolina,  end  it  is  hereby  e/ucied,  ly  the  autho- 
rity oft,  t  a  • .  it  the  faid  land  (b  laid  off,  be  eftabiifhed  a  tow  n  and  town  common,  agr<  eable  to  tlie'  fcheme  and 
plan  thereof,  by  tl.e  name  ol  Lumbertor,. 

And  where-.:,  it  m,v  fo  happen  that  laid  managers  appointed  as  aforefaid,  may  remove  themftlvej  cut    of  tl:e  faid 
count)',  die  or  1    Ggn  their  appoit:tit,«  t  :  for  remedy  whereof, 

II.  BeitfurthtCtijaatdbytheauthorttyaforefaJd,  that  it  ..'.all  and  m:y  be  lawful   for    the    Tuflices   of  the    county 
forefaid,   wh  pfuch  racaneies fhafl.  co  may  happen,  to  appoint  f'uch  other  man  gee  as    they    ma     thi   k  proper 
fuch  vacancies;  and  a  ma]crity  of  than  ihail  always  be  confidcred ai  fufBcsentin  mskins  conveyai  ces'in  the  man, 
Kt  heretofore  cxpreued. 

K3 


222 

III.  Andbe  it  further  enacVed  by  the. authority  aforefaid,  that  all  lots  2nd  town  property  In  the  Taic?  town  of  Lumber- 
ton  fhall  be  Subject  to  aflelffnent  and  taxation,  in  the  tame  manner,  and  tinder  the  tame  regulations  as  other  town 
propeny  in  thii  flute. 

And  whereas  there  are  lo:s  lying  in  faiu  town  which  have  not  yet  been  claimed,  and  it  is  probable  the  tickets  are 
lo(t  and  may  never  appear  ;  and  in  Older  to  do  juftice  to  theoivner  or  owners  of  Such  lots,  if  any  there  be  : 

JtV,  It  is  hereby,  enaSted,  that  the  managers  for  faid  town  c-iule  to  be  reined  out,  all  Inch  improved  let!  from  ye$r 
to  year,  for  the  higheft  fums  that  can  be  had  lor  the  fame  ,  which  funis  they  ihall  be  iubject  toaccount  for  to  fuch  per- 
fon  or  perfons  as  may  prove  themfelves  to  be  the  lawful  owner  or  owners. 

CHAP.  L.  An  ad  to  eftablifb  the  town  already  laid  off  at  thi  court-  houfe  in  Cafweil  county. 
'HEREAS  one  hundred  acres  of  land,  adjacent  to  and  whereon  Cafivell  court-houfe  now  ftano's,  hath  been  laid 
off" inro  a  town  of  fquare  fireets  and  (my  two  lets,  by  Nicholas  Dtlone and  William  Lea,  who  were  the  pro- 
prietors of  the  aforefaid  o.ie  hundred  acres  of  land,  and  hath  already  fold  and  dilpofed  of  to  merchants,'  artificers  and 
others,  the  aforefaid  li:;ty  two  lots,  many  of  whom  have  erected  buildings  and  made  confiderable  improvements  for 
the  purpofe  aforefaid,  and  are  defirous  the  faid  town  fhould  be  eftablifhed  by  legifUtive  authority  : 

I.  Bt  it  therefore  enaclsd  hy  the  General  Affembly  of.  the  /Lite  of  North-Carolina,  and  it  is  hereby  enabled  by  the  an. 
ihority  if the  fame,  that  the  fold  one  hundred  acres  of  land  fo  laid  off  into  fquJie  fireets  and  lots,  be  and  tlie  lame  is 
hereby  conftituted,  erected  and  eftablifhed  into  a  town,  and  ihall  be  called  by  the  name  of  Lea/burg. 

II.  And  he  it  further  enaRcd  by  the  authority  aforefaid,  that  Nicholas  Delone,  .  William  Lea,  L/ord  Vanhook,  Thomas 
Neely,  Gabriel  Lea,  Samuel  Johnjbon  and  J >hn  M'Farlin,  be  and  they  arc  hereby  conftituted  and  appointed  trufteeJ, 
fur  the  further  defining,  building  and  improving  the  laid  town. 

And  for  continuing  the  fucceffion  of  the  trultecs  or  directors  of  faid  town  -. 

III.  Be  it  emaffed  by  the  authority  afortftid,  ihat  in  cafe  of  the  death,  refufal  to  aft  or  remoril  out  of  the  county, 
of  any  ot  the  faid  trufkes  or  directors,  the  Surviving  or  other  trultees  or  directors,  or  a  majority  of  them,  (hall  at 
iemble,  and  are  hereby  empowered,  trom  time  to  time,  by  instrument  ot  writing  under  the. r  reipective  hands  and 
feals,  to  nominate  and  appoint  tome  other  perfon  or  perfont,  in  the  room  and  place  of  him  or  them  10  dying,  refuf. 
inw  to  act  or  removing  out  of  the  county  ;  which  new  director  or  directors  fo  nominated  and  appointed,  ihall  from 
thenceforth  have  the  like  powers  and  authority  as  if  he  or  they  had  been  expreilly  nominated  in  and  bv  this  ace.  />q« 
v'ultd  always,  that  the  lot  of  four  acres  of  land  whereon  the  public  buildings  tor  laid  county  now  (bud  erected,  t.  ge- 
ther  with  tiie  Ipringsin  the  fj  id  town,  (hall  agreeably  to  the  original  furrcy  of  die  (aid  lot  be  refervtd  tor  public  tile  ; 
and  inhabitants  thereof  Ihall  hare  free  egrcfieand  rrgrels  to  and  from  the  laid  iprings,  by  fucli  Itre.tf  and  alleys  as 
fhall  be  deemed  and  laid  off  molt  convenient  by  the  laid  co.imtiiiioners  ;  any  tmng  herein  contained  to  the  contrary 
not»uh(tandmg. 

XIV  Year  of  Independence.     The  2d  of  November,   1789. 


Chap.  IX.  An  acl  for  granting  to  the  inhabitants  c/Tyrrel  county  a  privilege  of holding  ft 'parate  JMions  for  members 

tf  Affemhiy. 

WHEREAS  it  is  reprefented  to  this  AfTcmbly  by  petitions  from  a  number  of  the  inhabitants  of  the  county  of  Tyr- 
rel,  tb.it  the  great  extent  of  faid  county  (it  being  one  hundred  miles  in  length)  renders  it  very  difficult,  trou- 
blefome  a'nd  experfire  for  them  to  travel  to  the  court-houfe  to  give  their  luffrage  for  members  to  reprelent  them  in 
General  Affembly,  many  ot  them  having  to  go  by  water  the  diftance  of  lixty  miles,  and  others  who  travel  by  land 
have  very  broad  waters  to  ferry  over,  are  often  prevented  by  bad  weather  and  contrary  winds,  by  reafon  of  which 
they  are  deprived  of  their  fuffrage,  and  by  confequence  of  a  repreientation  in  fact   in   this  Afferably    :    for   remedy 

"whereof, 

I.  Be  it  therefore  enatled  by  the  General  Affembly  oftteftate  of  North-Carolina,  .and  it  is  hereby  enacled  by  the  auth*. 
rity  of  the  fame,  that  from  and  after  the  palling  of  this  act,  it  ihall  and  maybe  lawful  for  the  fheriff  of  the  laid  county 
oiTyrrel,  or  any  ot  his  proper  deputies,  and  he  or  any  of  them  is  hereby  authorifed  and  required,  to  open  an  ejection 
on  the  da'y  preceding  the  time  appointed  by  law,  at  the  old  fort  landing  plantation,  at  the  houfe  of  Robert  M'Callj/l 
ter  on  Alligator  river,  and  at  the  Glebe  houfe  near  Kendrick's  creek,  for  the  eafe  and  convenieacy  of  the  voters  in  the 
moft  diftant  parts  of  the  faid  county,  under  the  fame  rules  as  are  prescribed  for  holding  the  general  election  ;  and I  the 
ballots  fo  taken  fhall  be  fealed  up  by  the  inlpectors  of  the  poll  in  the  prelence  ot  the  fheriff,  or  his  deputy  who  held 
the  election,  and  by  them  be  tranfmitted  to  the  court  houle  under  the  care  of  the  faid  fheriff  or  his  deputy  :  which 
ballots  fo  taken  Ihall  and  they  are  hereby  declared  to  bt  part  of  the  election  of  the  faid  county,  any  thing  to  the  con- 
trary notwithftanding.  Provided,  that  nothing  herein  contained  (hall  deprive  any  perfon  entitled  to  vote  for  members 
in  laid  counjy,  and  who  has  not  already  given  his  vote  at  either  of  the  places  above  mentioned,  from  giving  his  Hlf, 
/rage  at  the  court  houfe  on  the  days  of  the  geneml  election  for  the  body  of  the  county. 


22$ 

Chap.  XTI.   An  act  for  aliening  the,  n.inie  of  Jim^s  Koufom  to  that  of  James  Long. 

\T  THEtlE^S  it  is  the  earneft  req  left  of  James  Ling,  ciTyrrel  'county ]    that   his  natural   fen,    heretofore   called 
V      James  Roufvn,   uV.uld  hereaiter  be  called  and  known  by  the  name  of  Jetties  Long  .- 

I.  B;  it  therefo  -e  en&Seiby  the  General  AJfemll^  of  the  ft  ate  o/"lXorih-Caro  ma,  and  it  is  hereby  enacled  by  the  autho- 
rity of  the' fame,  that,  from  and  af^er  the  palling  of  this  ait,  the  name  o.  James  Rou/bm  (hall  be  altered  to  the  name 
Of  James  Lang  and  thai  he  lhall  thenceforth  be  called  and  known  by  the  laid  name  :  and  that  by  the  laid  name  of 
James  Long,  he  fhall  and  may  fue  and  be  fb'.d,  ple-id  and  be  impleaded,  in  any  court  of  law  or  equity,  and  obtain 
and  po!Tefs  lands  and  all  other  ipecies  of  prefferty  by  will,  devife,  donation,  grant,  purcliafe  cr  ctherwife  ;  ard  he 
may  by  his  n '.me  aforefaid  fell  and  difpofe  of  lands  or  other  propery  ;  and  finally  in  all  things  the  laid  James  Long 
fhall  be  capable  in  law  or  equity  of  negociating  and  tranfiicung  all  manner  of  bufinels  in  as  lull  and  amp'e  manner  as 
if  he  had  been  called  and  kuo. vn  by  no  other  name  lrotn  the  time  of  his  nativity,  any  law,  ufage  or  cuitom  to  the 
contrary  notwithstanding. 

Chat- -XV.  An  uSl  directing  the fah  of 'the  county  buildings  in  Surry,-  and  to  alter  The  limes  of  holding  ftverat    county 

ccurls  in  this  J: ate. 

WHEREAS  the  county  buildings  in  Surry  are  become  ufelels  fince  the  divifion  of  faid  county  : 
I.  Be  it  therefore  enaSedbytbe  General  Aflcmkly  cf  the  State  of  North- Carolina,  and  it  it  hcreiy  ene&cd  by  the 
authority  of  the  fame,  that  George  riouzer  and  John  Halbert  iha\\  be  coinniilhoners,  who  Hull  hare  full  power  and  an. 
thority  to  leh  and  difpule  of  the  court  houfe,  prifon  and  frocks  which  belonged  to  the  county  of  Surry  before  it  was 
divided;  and  the  fa;d  commiflioners  arc  hereby  authorised  to  Jell  the  lame  on  twelve  months  credit,  the  purchafer 
o-iving  bond  and  approved  fecurity. 

II.  And  be  it  further  enacled,  that  the  monies  ariGng  from  the  faid  fa!e,  mall  be  paid  in  equal  fums  to  the  commiffi. 
oner-  tor  erecting  the  county  buildings  in  the  counties  of  Surry  and  Siokes- 

The  I aft  part  in  N.   C.  L.  in  the  errata,  p.  xxi. 


Chap.  XVJII.  An  ail  for  the  promotion  of  learning  in  the  county  of Currituck,  and  to  amend  the  Wilmington  academy 

ld'M. 
TT /HERE  A.S  the  good  education  of  youth  has  the  tnoft  direct  tendency  to  promote  the  virtue,  enrreare  the  wealth 

VV  arid  extend  the  fame  of  any  people  j  and  as  it  is  the  indifpenfibie  duty  of  every  legiflature  to  confult  the  hap. 
pinefs  of  a  riting  generation,  and  endeavour  to  fit  them  for  an  honourable  difcharge  of  thefocial  dut'es  of  life  :  and 
whereas  it  is  reprelented  to  this  General  AiTsmbly  that  the  citizens  of  Currituck  and  the  adjacent  counties,  are  detir- 
ous  of  making  an  early  and  liberal  provifion  lor  the  inftrpi&ion  of  youth  by  laying  the  foundation  of  a  public  lemina- 
ry  in  that  county  : 

I.  Be  it  enacled  bv  the  Central  Alfembly  of  the  State  of  North  Carolina,  and  it  is  hereby  enatledby  the  authority  of  the 
fame,  that  I  facte  Gregory t  Dempcy  Csnnor,  John  Svia.m,  Peter  Dauge,  Dtmpcy  Surges,  Enoch  Sawver,  John  Hum- 
phreys, William  Ferebee,  IVilk-ugt.by  Dauge,  Afahel  Simmons  Jrfph  Fcrebee  Timothy  Etheridge,  and  7  homas  Pool  Wil- 
liams, Efquires,  lhall  be  and  they  are  neieby  declared  to  be  a  body  politic  and  corporate,  to  be  known  and  diftin- 
guifhed  by  the  title  of  the  truftees  of  Currituck  fieiiiiiiary  of  learning  ;  and  by  the  name  of  the  truftees  of  Currituck 
ieminaiy  of  learning  fhall  have  perpetual  fuccellion  and  a  common  feal  ;  and  the  faid  truftees  and  their  fucceflors, 
by  the  name  afore  laid,  or  a  majority  of  them,  fhall  be  able  and  capable  in  law  to  take,  demand,  receive  and  pcfTefs 
all  monies  by  fubfenption  or  otherwife,  goods  and  chattels  that  lhall  be  given  them  for  the  ufe  of  the  faid  feminary 
of  learning,  and  the  fame  apply  according  to  the  will  of  the  donors  ;  and  by  gift,  purchafe  or  devife,  to  take,  have, 
receive,  poilefs,  enjoy  and  retain  to  them  and  their  fucceflors  forever,  any  lands,  rents,  tenements  or  hereditaments 
of  what  kinu,  nature  or  quality  foever  the  fame  may  be,  in  Ipctial  trull  and  confidence  that  trie  fame  or  the  profits 
thereof  fhall  be  applied  to  and  for  the  ufes  and  purpofes  of  eftablilhing  and  endowing  the  faid  leminary  of  learning  in 
the  county  of  Currituck,  building  or  purchafing  fuitable  ar.d  convenient  houles,  purchafinga  library  and  phllofophi- 
cil  apparatus,  and  fupporting  and  paying  the  falaries  of  the  provoft  and  fuch  number  ot  profeffors  and  tutors  as  to 
them  fhall  feem  necefTary. 

^  II.  And  be  it  fwther  enacled  by  the  authority  aforefaid,  that  the  faid  truftees  and  their  fuccefTor. ,  or  a  majority  of 
them,  by  the  name  aforefaid,  fhall  he  able  and  capable  in  law  to  bargain,  fell,  grant,  demife,  alien  or  dilpofe  and 
convey  any  luch  lands,  rents,  tenements  or  hereditaments  as  aforefaid,  when  the  will  of  the  grantee  doth  not  for- 
bid the  fame  ;  and  further,  that  th«  faid  truftees  and  their  fucceflors  forever,  or  a  majority  of  them,  fhall  be  able 
and  capable  in  law  by  the  name  aforefaid,  to  fue  and  implead,  be  fued  and  impleaded,  anfwer  and  be  anluered 
in  all  courts  of  record  whatfoever,  by  the  itile  of  the  prefident  and  truftees  of  the  feminary  of  learning  of  CwrU 
tuck. 

III.  And  be  it  further  enacled  by  the  authority  aj 'jrefaid,  that  the  faid  truftees  or  a  majority  of  them,  fhall  and  they 
are  hereby  auth«rifed  to  choole  a  prefident,  treasurer  and  fecretary  out  of  their  own  body  ;  they  may  alio  chooie  a 
reclor,  profetlors  and  tutors  for  the  'eminary  of  learning,  at  d  the  fame  may  remove  at  plealure  ;ai.d  they  fhall  have 
authority  to  make  bye  la.vs  for  the  government  and  regulations  of  the  leminary  of  learning,  ard  the  lame  to  alter 
and    amend.     Provided  nevcrthelefs,  that  fucu  laws  lhall  not  be  repugnant  to  the  laws  of  this  ftate,  their  morals,  flu- 


224. 

dtes  and  acadcmVa!  exercifes  as  to  them  fo.ii!  feflfn  meet  ;  and  to  give  certificates  to  Inch  fhuknts  33  fhall-  leave  the 
laid  leminar?,  certifying  their  literary  merit  uira  prpgrefs  'ol  11  b  fill  knowledge  ;  and  further,  mat  ofrd;  ith,  r  Ii_j,i- 
arion,  retulal  to  act  or  inifcortduct  or"  eitiier  profeflbrs  ortutors,  the  fetretary,  ireafurer  or  fteward,  other*  lhall  bs 
eiected  in  their  room  and  dead,  a  majority  of  the  truftees  ag<  eeing  thereto. 

IV.  And  bs  it  further  enabled  by  the  authonty  afo'tf.iid,  that  the  treasurer  of  the  did  board  of  iruurees,  ih  ill  enter 
inro  bond  with  fofficient  iecnrity  to  tiie  truftees  aforeiaid,  in  the  fam  of  two  I'noufaud  pounds,  conditioned  for  the 
faithful  diicharge  of  the  trult  in  him  repoied  ;  and  tharail  monie«  and  Chatties  belonging  to  the  laid  corporation  that 
Shall  be  in  ins  hand  at  the  expiration  of  his  office,  fhall  then  be  immedi  nely  paid  and  delivered  into  the  hands  of  ..he 
facceedmg  irealurer  ;  and  every  ueafurer  (Hall  receive  all  monies  and  donations  of  whatsoever  kind  that  may  belong 
or  accrue  to  the  laid  feminarv  of  learning  during  ins  office,  and  it  tne  expiration  thereui  (hall  account  with  the  trul- 
tees  fur  the  lame,  and  ihe  fame  p^y  and  deliver  over  to  the  fucceedihg  treafurer  ;  and  on  his  neglect  or  refufal  to 
p3y  and  deliver  as  afore  ("aid,  the  fame  method  of  recovering  may  be  had  ag  liiut  him  as  is  or  may  be  provided  for  the 
recovery  of  monies  from  iheriff?,  or  otherperfons  chargeable  with  public-monies. 

V.  And  be  it  further  enafied,  that  if  any  truftte  Hi  ait  neglect  attending  at  the  (fated  meeting  of  the  board  for  the 
fpace-ot  two  years,  or  if  any  of  thnn  fhall  die,  or  oth'erwife  reii'bn  his  office,  tbe  remaining  truftees,  or  a  majority 
of  them,  (hall  at  their  next  meeting  chooie  another  trpftee  in  the  room  the  perfonthui  neglecting  his  duty  or  reiigu- 
ing  his  ctfice. 

VI.  And  be  it  further  enacled,  ly  the  authority  aforefaid,  thai  no  lands,  tcner.-.ents  or  hereditaments,  which  may, 
be  vetted  .in  the  iruttees  of  the  fe  mi  nary  of  learning  of  Currituck,  for  the  Cole  ule  aodbehocf.  of  the  feminary,  thai 
be  fubject  to  any  tax  tor  the  fpa'ce  cf  ninety-nine  years.  Ptuviud,  that  nothing  contained  in  this  act,  fhall  he  under- 
stood is  fcftabliurng  this  as  one  of  thol«s  feminaries  of  learning  mentioned  bv  the  conthtution  of  this  ftate. 

Wcereas  intlie  third  lection  uf an  act  palled  iatt  teuton,  tuiMed/ An  ad  fjr  the  prowJiin  if  iarnirginthe  diQr-El  of 
Wilmington '•,  it  was  intended  thar  the  number  of  trutteees  might  be  augmented  fo  as  not, to  exceed  thirty  noc 
to  be  under  twenty,  but  by  an  omiflion  in  the  engrofier  ot  tie  bill  ir  otht  rwile,  although  a  certain  number  is  inten- 
ded to  ue  refened  to,  that  number  does  not  appear  111  the  act  :  for  remedy  whereof, 

VI!.  Z?t*i'r  enailed  by  the  Genet  at  Affembh  at  the  Stole  (f  North-Carolina,  and  it  is  hereby  enabled  by  tie  authirily  of 
the  fame,  that  the  faid  truifees  at  any  future  meeting  may,  and  tney  are  hereby  empowered  if  they  fhall  judge'  tfi'a' 
lame  neceffary,  10  elect  by  billot  a  fufficient  number o»  perfons  to  be  truileeslo  as  to  make  the  whole  number  tnirty  ; 
and  loch  truitees  lb  cholen,  lhahMiave  the  fame  powers  and  authority  as  the  truftees  named  in  any  of  the  before  men- 
tioned acts. 

And  whereas  it  is  enacted  by  the  faid  act  palled  Lift  Aflembly,  that  the  hrir  meeting  of  the  truftees  fliould  be  o\\  the 
firit  day  of  January  after  palling  the  faid  at,  and  the  laid  act  having  palled  into  a  law  o'i  the  fisuh  day  of  December^ 
immediate'v  preceding  the  faid  firil  day  ot  January,  anJ  the  I'a  lie  not  having  been  publiihfd,  11  ar  *w  authentic  co- 
py thereof  received  by  the  faid  trultees  until  long  after  tile  fail  firit  day  of  January,  the  fir  ft  meeting  of  the  laid 
1  roikes  did  not  happen  until  fooie  months  at te;  wards,  to  grevej.it  tne  legauty  of  the  acts  of  the  laid  truitecs  at  their 
Brit  meeting  being  called  in  e^jeltio.i  : 

\  111.  Beit  therefore  cvaftedby  the  authority  qforefaii,  that  the  faid  firft  meeting  of  the  tru'.tees  of  the  fiiJ  academy, 
held  after  the  iaid  lirt't  da/  of  January  latt  pait,  fhall  b-j  held,  deemed  and  taken  to  be  good  and  effectual  in  law  in 
the  lame  manner  as  if  the  fame  had  been  held  on  cue  faid  iirtt  day  of  January  lall  ;  and  diat  all  the  act's  and  doings 
if  the  laid  truftees  fhall  have  the  f|tne  force  and.effe ft,  as  well  wiiliiu  court  as  without,  to  a.i  mten.'s,  coaitfnctioiis, 
andpurpofes,  as  if  the  faid  nieet'ng  had  been  held  on  the  dav  nie.itio.icd  i.i  the  faid  aft  ;  any  tiling  in  ihe  faid  ad,  or 
in  any  law  or  ufage  to  the  eontraiy  thereof  in  any  wife  hotftuhftandiri 

Chap.  XXV.  An  ail  to  tftablifbthe title ef  certain  lands  therein  mentioned.  "\ 

WHEREAS  it  hath  been  made  appear  to  this  Affembly,  that  Alary  WPhaut,  widow  of  V/'e/  WPhaul,  late  of  i?/,*. 
den  eoan'.y,  petitioned  tne  fuftkeSnf  PL, den  county  court,  at  the  i'ellions  held  inlaid  county  in  May  om  tliou- 
fand  ieven  hnn  1  danleighrs  6Wj  f  >r  a  lubiiftenee  fdrherfelf  krid  childre'Vi  Out  of  the.eftate  ofher  late  hufb.md  the 
laid  N.itf,  purfuant  to atiactof  the  General  Affenibly,  theprayer  of'whictrpiitition  was  granted,  but  bv  inattenti^a 
of  ihecicrk  of  i^id  court  the  or  ler  was  1  ot  fully  iniei  te.l  in  the  records,  wherefore  the  cotnmillioner  of  confi'cjted 
pteper'y  pa-.d  no  art  liti  m  '■  •■'-'  c->>  '■  01  ( ■-'",  b>it  proceeded  to  fell  and  did  make  fale  cf  two  tracts  of  land,  the  only 
eitate  ■  I  the  faid  A'.v/,   which  fale  was  contrary  to  the  intention   ot  the  legifl.uure  an.1  the  order  a*orclaid  ; 

therefore, 

1.   Lit  it  enacted  by  the  General  tfletnbly  of  the  fbate  o/worth-CaroIioa,  ind it  U  herely  enacted  ly  the  authority,  of  tltt 

that  the  iaiemadeby  the  coffltrtinlonei  oi  ■:     fiTcated  property  for  Wilmington  diftrict,  oi  a  certain  tract  cf  kind 

1  n  tl ie  MHl  p  ongo£  the  raft  fwSmp  i^i  Mk  '.  n  co  ;.itv,  now  in  Roiefhn  caanry,  containing  one  hundred  a.res  ; 

and  a  1  fo  tbe  fale  of  land,  fituate  ot»  a  branch  of   the  faid    ruft   Kvamp,    containing  fifty  acrej,  late 

thetitaieii  .  •  >i  county,  de;-  Med,  is  and  are  hereby  declared  null  and  void  and  of  no  efFe.t,  any 

la  v  to  the  contrary  Dotwvithftanding. 

It.    And  be  it  {urthvrer.acltd  ty  the  authority  afofefanf,  and  it h  hereby  ena£i 'id,  that  the   faid   two  tracts  of  land    :j 
and  lha'i  continue  the  pi.  ate  of  the  heirs,  b?i:ig-  ihe  fbn?  of  the  laid  .Veil. *4,'Phault  as  fully  a:»u  effectually   as   if  fu.ch 
*  See  the  ap]> 


f.iles  had  not  b?en  nude  by  the  convni'.Tioner  alorefajd;  fubject  neverthejefj  to  the  dawer  of  Van   P.iPhtil,  widow 
of  il>3  laid  iVeiV,  in  the  urns  maun".- as  widows  are  entitled  unto  dow^r  truler  the  general  hw  of  this  ft-tie. 

111.  A.i.'.  hi  it  f.rlhir  ena-'led,  by.  <jW  authority  of '*re/ii:J~,  th'at  all)  arid!)' and  other  property  heretofore  granted  by 
any  count,  com  t  in  this  ftaie,  agreeable  to  an  act  of  the  General  Afl'emhly  in  tint  cafe  nude  and  provided,  to  any 
widow  or  o.p  uns  ol  fuch  perfons  whole  eftate  become  co.difcated,  fhall  be  veiled  in  the  grantees  in  fee  fimple,  as 
lully  and  abic'.utely  as  if  the  lame  bad  never  been  fubisft  to  confifcution  1ft  manner  and  form  agreeable  to  the  aft  of 
uefceius. 

in  ■   ■  ■ ■ 1 — i ~ - 

Chap.  "XVI.  An  acl  to  en, He  Thomas  Calender,  ttjUtfg  executor of 'the  -In ft   will  of  Parker    Quince,  late  of  N'ew- 

H?nover  cour.lv.,   dccen'.d.  and  the  other  fer/ms  therein  no.  ned,  to  make  file  of cerian  lands  and  tenements,  part  of  lb: 

refMuai  y  efiate  of  the  fai  1  Parker  Quince. 
•\V/HE!iKAS  Tbmzi  Calender,  acting  executor  of  the  lafl  will  and  tefhment  of  Parker  Quince,  late  of  New-Hop. 
W  over,  county,  Bfiji  deceafed,  S.fuivia  Quince,  Richard Quince,  ]cca\^,  and  William  Strarizo  Quince,  a  minor  by 
tee  i~j\d~S-<fnu„a  Q^rncc  his  nuther  and  guardian,  reiiduury  legatees  pt  tire  find  Parker  Quince,  have  preferited  their 
petition  to  this  pi-eient  General  4fi'emb!y  with  the  v/ill  ot  the  laid  Parker  Quince  annexed,  letting  forth  a  nong  other 
things',  that  the  reliduary  eftate  of  ttie  fjid  Parker  Quince  confuted  principally  of  negro  Hives  and  unimproved  iaiu's, 
the  latter  of  v,  hie:-,  is  Wholly  unproductive  and  even  attended  with  a  yearly  expence  ■  thaj  the  fajd  exe'eatbr  hath  al- 
jead*'  dlfbofsd  of  thirty  three  of  the  laid  Haves  towai  cU  the  payment  of  the  debts-,  and  that  there  is  yet  due  from  the 
eft-ate,  including intereft,  t.'ie  (an  of  nirc  thouland  pounds  or  thereabouts,  for  the  payment  of  which,  and  a  debt  of 
fifteen  hundied^o'jnds  with  abov^-  lis  years  intereft  no*'  in  fuit,  only  twenty  feven  (laves  of  the  reliduary  eftate  are 
rem  lining,  and  feveral  of  them  c  Id  una  iuperannuated,  fo  that  the  laid  executor  will  not  only  be  obliged  to  fell  a.-.d 
difpole  of  the  remainder  of  the  refidrtaey  eitate  in  his  hands,  but  fome  part  of  the  flaves  fpeciiicdly  bequeathed  by  the 
faid  will  while  the  lands  mud  remain  many  years  a  burthen  upon  the  legatees  to  their  great  injury,  and  contrary  fo 
the  imcn.tjpn  °f  C'1C  ^:'utor  \  and  praying  that  the  petitioners  may  by  an  ait  of  the  General  Affembly,  be  enabled  and 
empowe:  ed  to  feli  and  convey  the  real  eftate  of  the  telhior  not  fpecifically  de'.'ifei  for  the  payment  of  debts,  fo  as  to 
fave  to  the  legatees  the  perfohal  end  productive  eftate  intended  for  tiiem  by  die  tcihtor  :  and  wheieas  it  appears  to 
this  General  AJlembly  that  the  prayer  of  the  FaiJ  petition  is  real'onable,  and  that  it  will  be  greatly  beneficial  to  the  re- 
fiduary  legatees  of  the  f.iid  Parker  Quince  that  fuch  oi  the  real  eftate  as  is  not  fpccifically  deviled  by  the  laid,  will  Ihould 
be  fold  for  payment  of  his  debts  : 

I.  Be  it  therefore  enaftedty  the  General  ,'JTemhly  of  the  flale  of  North-Carolina,  audit  is  hereby  enacled  by  the  autho- 
rity of  the  fame,  that  it  (hall  and  may  be  lawful  kr  the  laid  Thomas  Cullender,  or  other  thd  executor  or  executors  of 
the  laid  Pa. -her  Quince,  Snfar.u  >  Qu-uc;  Richard  Quince,  junior,  ai;a  H'Uliam  Seranzo  O^-.'.y.v.  notwithstanding  his 
minority,  ana  the  lurvivcr  and  lurv'ivors  o:  them,  the  acting  executor  or  executors  of  the  laid  Parker  Quince  being 
one  or  more,  and  they  and  ( very  of  iriem  arc  hereby  empowered  to  fell  and  difpoie  of  ill  and  lingular  the  real  eftate 
cf  the  faid  Parker  Quince  n:.t  ip- .-cdiealiy  deviled  by  hisfiie 1  will,  and  to  make  conveyances  lor  itte  lame  to  the  pur- 
chafers  thereof,  thereby  cpnveying  to  each  purchaler  and  his.  heirs  refpectlvely,.  by  Virtue  of  the  power  given  by  this 
a<Tt,  all  theeilites,  rights,  title,  intereft,  claim  and  demand  whatfoever  therein  and  thereto,  of  which  the  laid  Par- 
ker Qutnce  died  leized  and  pofleiTeiU  and  the  monies  arifing  by  fuch  fales  lhall  be  received  by  the  faid  Thon.as  Callen- 
der or  other  the  executor  or  executors  of  the  faid  Parker  Oj_ar.ce,  ana  by  him  cr  them  only,  and  fhall  be  allets  in  his 
cr  their  hands  for  the  payment  of  the  debts  of  the  laid  Pi  rk-.r  Quince,  and  by  him  or  ihem. 





Cn  kVi  X'vYII.    An  acl  to  incorporate  a  fociety  of  perfmt  by  the  r.cm:  of  Centre  Laicvobnt  Society. 

W'HER&AS  it  has  been  reprefented  Rnd  made  appear  ro  this  Geueial  Ali'embiy,  that  a  number  of  perfons  in 
Rra)an  liria1  Muh'ei.lnrgh,  and  other  counties,  have  voluntarily  allcc'-ated  together  under  the  nau-e  of  Centre 
Benevolent  So.  irty,  and  come  under  a  certain  lyftem  of  laws  and  regulation- for  the  improvement  ot'ufelul  know- 
ledge,  for  the  enc.mr  igeme-.t  ot  literature,  to  alleviate  trie  diitrellsi  of  the  unfortunate,  and  to  lupp'.y  the  wants  of 
the  poor  and  indigent  :  and  whereas  it  hath  been  made  appear  that  the  aforcfaid  perfons,  members  of  the  lociety  a- 
fore'iaid,  are  dtfivous  tiiar  tlnir  fonety  might  be  incorporated  by  ihe  name  of  Centre  benevolent  Society,  in  order 
that  faid  fociety  thigljt  morel ully'and  completely  come  up  to  the  objects  of  their  intfilution  ;  thetefore,  ever  \silling 
.vo  give  oil  due  encouragement  to  infUtutions  which  evidently  point  to  the  happinefs  of  fociety  and  the  general  v,  clf.urc 
of  mankind,, 

I.  Be  it  en.:P.cl  by.  the  General  Afjerably  of  North-Carolina,  and  bv  the  fame  authority  it  is  iir.by  tnaclcd,    tint  there 
mall  be  and  leauin  in  the  before  mentioned  fociety,   lutiident   power  and   authority  to  fleet   at  their  difcretion    firth 
is  they  may  deem  worthy  membeisof  the  faid  fociety,  which  perfons  fo  ileaed  liiali  have   nnd  enjoy  the  p: 
r3  ol  the  lame  j   which   fociety  lhall   be  called  by  the  name  of  'i  he  Centre  iknevolent  Society,  and  fhall  ha 


peifons  as  they  may  deem  worthy  membeisof  the  faid  fociety,  which  perfons  i'o  ilecu-d  (hall  have  nnd  enjoy  the  pri- 
vileges ol  the  lame  j  which  fociety  lhall  be  called  by  the  name  of  'i  he  Centre  iienevolent 'Society,  and  ihall  have 
pjwer  to  manage  the  property  nnd  inheritance  ol  the  fame  agreeable  to  their  own  'judgment  and  ple^fure j  and  linli 
moreover  have  perpetual  fticeofii j»:i  in  law,  fait  and  na.ne,  as  herein  prefcribed  ;  :,i:d  i„.;!i  by  tiie  name  ofthe  incor- 
poration have  full  power  and  lawful  authority  to  file  a-ndbe  fued,  to  implead  and  be  impleaded,  lo  .mfwer  and  to  he 
aafwcicd  unto,  in  any  court  or  courts  of  law  and  equity  in  this  ftate,  before  a'iy   judge  or  Judge?,  Juftics  or  Julii- 

*  3 


2  26 

ccs,    on  all  manner  of  Juiis  and  picas,  and  of  ^hat  mture  or  kind  fbever  fitch  fuits,  pleas,  or  arts  may  be,  in  as  full 

and  effectual  a  manner  as  any  prrfon  or  pei  Ions,  bodies  politic  or  corporate,  may  or  can  do. 

II.  /n-i  be •  tt  die  tied,  that  the  laid  corporation  fo  erected,  and  their  fuccellcrs  in  office,  or  the  majority  of  them, 
by  the  at-orelaid  name  of  the  corporation  be  enabled  to  appoint  the  times  and  places  of  their  meeting,  the  number 
iiecefl.try  to  cor.ituute  a  quorum  ;  and  the  ("aid  quorum,  in  the  name  of  the  fair!  corporation,  fkafl  have  full  power 
and  authority  to  iranie  fuel)  regulations  for  conducting  their  concerns  and  inttrefts,  as  they  may  think  neceffary  and 
convenient  for  accompiilhingine  end  of  their  mil itution  as  the  ulc  iu  other  corporations,  prcvided  the  fame  be  confid- 
ent with  the  conibtution  ami  laws  of  the  land. 

Chap.  XXVIII.  An  act  to  alter  the  names  of  Nancy,  John  and  Keziah  Lytle,  children  ofSarah  Nichols,  »Vm,r-/y  Sarah 
,  I-ytle,   of  the  tfsin  n/'Hillfhorougb. 

^Xf  HEHEAS  John  Ni-hols,  of  the  town  of  f/i/i/torough,  and  Sarah  his  wife,  have  by  their  petition  requeued  that 
»▼  the  names  of  Nancy,  John  and  k'eziah  Lytle,  children  of  the  faid  Swab,  Should  be  altered,  and  that  they 
fhould  henceforward  be  known  by  the  names  ot  Nancy,  John  and  Keziah  Nichols  : 
^  I.  Be  it  therefore  enabled  by  the  General  Affemtly  of  the  it  ate  c/Nortb-Carolina,  and  it  is  hereby  eru.ledby  the  authi- 
rity  of  the  fame,  that  henceforward  and  forever  hereafter  the  laid  Nancy  Lytle,  John  Lytle  and  Kezia  h  Lytic,  (hull  be 
known  and  diltin  »  ilhed  by  the  na;ne«  of  Nancy  Nichols.  John  Nlchtis  ami  Keziah  Nichols;  and  by  thpfe  names  fha'l 
have  right  to  inherit  and  claim  any  ellate  either  real  or  perfonal,  which  may  be  deviled  to  them  or  either  of  them  bv 
the  laid  petitioners  John  and  Sarah,  or  either  of  them,  in  as  full  and  ample  manner  as  if  they  the  (aid  Nancy,  John  and 
k'eziah  Lytic,  had  been  born  in  weclctk,  and  had  fro.n  the  time  of  their  births  been  coniidered  as  the  legitimate  chil- 
dren of  the  (hid  John  Nichols,  and  Sarah  his  wife  ;  and  lhall  forever  hereafter  be  placed  in  the  lame  lituation,  and 
(hall  be  cenfidcrtd  to  all  intents  and  purpofes  in  the  lame  point  of  view,  as  though  they  were  legaliy  defcenJed  from 
the  fsid  John  Nichols,  aud  Sarah  his  wife,  and  had  been  born  in  wedlock  as  afore-laid. 

Chap.  XXX.  An  ail  for  eftaMifhing  ,i  townonthe  lands  of  Fergus  Sloan,  in  Iredell  county,  *>d  to  amend  an  ail  for 
the  divijLn  of  Rowan  county.     N.   C.  L.    1788,   36    645. 

WKF.Pv  E  AS  it  hath  been  repreleuted  to  this  General  Afiembly,  that  the  lands  of  Fergus  Shan,  agreed  and  fixed 
on  by  the  commillioners  appointed  by  the  above  recited  ad  for  the  divifion  of  Sow  an  county,  tor  the  fixing  on 
a  place,  and  building  a  court  houle,  prifon  and  (locks  in  the  laid  county  of  Iredell,  is  a  plealant  aud  heilthy  lituation, 
an  I  the  faid  Fergus  Sloan  having  lign  fied  his  content  to  have  fifty  acres  of  land.  fixed  011  by  the  commillioners  as  a- 
torefaid,  laid  eff  for  a  town  j  and  at  tie  requelt  and  defire  of  the  inhabitants  of  the  county  cf  Iredell  aforelaid,  by 
the  name  of  Statefv'rlle. 

I.  Be  it  enacltd  by  the  General  Affembly  of  the  fiats  o/North-Carolina,  and  it  is  h-rc'jy  en.itl'd  by  the  authority  of  the 
fame,  that  the  fiid  fifty  acres  fhsll  be  laid  off  in  half  acre  loto,  and  ltreets  accorfing  y  ;  and  the  fame  are  hereoy  con- 

itituted  andeltablilhed  a  town  by  the  name  of  Sta'efviilt. 

II.  Ani  be  it  further  enabled,  iy  the  authority  of  orefa'd,  that  George  i>a\udfon,  Jeremiah  Nrl'o*..  jr.  fifth  Sharp,  John 
Nef.'it  and  Chriffopher  Hujion,  be  and  every  one  ot  them  be  cot  limned  connr.iiitoners  ar.d  nuilec,  for  defining, 
building  and  carrying  on  the  faid  town  ;  and  they  (hall  (land  leized  ot  an  indefeasible  eftate  iniee  mp'e  in  the  (aid 
(itty  acres  of  land  aforefaid,  toand  for  the  utes,  intents  and  purpofes  hereby  deci.  red  ;  and.  the  laid  com  ntllioners, 
or  any  three  ol  the  in,  lhall  have  full  power  and  authority  to  mrtt  as  often  as  ihey  fh*II  th'u.k  proper,  to  layoff  laid 
town  3s  they  (hall  think  molt  convenient ;  and  the  faid  conmiifliohei's  thall  make  and  execute  deeds  iu  lee-.'mple  to  the 
relptuitive  pnrchat'er  or  purchafers,  tor  fuch  price  or  prices  as  they  or  a  majority  can  agree  upon,  relation  being  had 
to  the'refyeciive  properties  cf  the  feveral  lot*. 

III.  And  be  it  enaclid,  that  the  re'pecttve  purchafrrs  of  faid  lots,  (hall  pay  and  fatisfy  the  faid  commillioners  for 
whatever  turn  or  funis  they  may  feverally  incur  by  purchafing  lots  from  the  faid  cfmrnifTioners  ;  and  in  cafe  of  neglect 
or  refufal  of  any  purchater  to  piy  the  turn  or  funis  that  may  be  incurred  as  aforelaid,  that  then  and  in  that  cafe  the 
cnamillioners,  or  a  majority  cr  (hem,  may  commence  a  fuit  cr  lutts  in  their  own  n„ines,  and  therein  recover  judg. 
ment  with  colts  of  fuic  ;  and  the  laid  commillioners  as  loon  as  they  (ball  receive  th-  money  by  fales  as  aforefaid,  (hall 
piy  to  Fergus  S/oJnthc  turn  of  twelve  (hillings  per  acre,  for  the  laid  titty  acres,  iu  full  fatisfacbon  lor  the  faid  land, 
ana  thcretidne,  if  any,  (hall  be  applied  !n  defraying  the  expence  in  iayingoff  faid  town. 

IV.  And  be  it  eiu-blcd,  that  in  ca)e  of  ths  dcaih,  refulal  to  act,  or  removal  our  of  the  county,  of  any  of  the  cotJ- 
mil'ioners,  the  furviver  or  lurvivors  of  them  are  hereby  empowered  from  time  to  time,  by  inftruinent  of  writing  un- 
der their  bandr,  to  a -point  feme  other  perlon,  being  a  freeholder  in    la  d  county  of  Jrcdeli,   in  the  place  of  him    (<> 

.dying,  refu'tng  to  act,  or  removing  as  atorefaid  ;   which  cjminillioner  or  trutlce  lhall  have   the  fame  power  and  an. 
thorities  as  if  be  had  been  appointed  by  thi>  aJt. 

And  whereas  a  claufe  was  annexed  to  the  above  recited  act  for  the  djvifion  of  Rowan  county,  authorifing  the  Juf- 
•ices  of  the  Peace  for  faid  county  ot  R'.wan,  who;n  the  aforefaid  divilion  might  fall  within  Iredell  county,  toexercile 
all  the  powers  and  suthoriiies  to  which  they  were  (everally  and  otherwil'e  entitled  as  Jullices  for  Rowan  '•  Aud 
whereas  (aid  claule  hy  accident  or  other  calualty  never  appeared  to  ta:d  acl  :  and  -vhereas  the  Jultice*  of  Roiua n couc- 
ty  falling  into  Iredell  county  as  aiorefaid,  proceeded,  to  exerctl'e  the  powers  and  authorities  fuppoletl  to  be  contained 
in  the  chu'e  as  aforementioned,  from  the  fourth  Monday  in  December,  one  thoui.ind  teven  hundred  and  eighty. eight, 


until  the  fourth  Monday  in  jin:,  one  thoufand  ievcn  hundred  and  eighty-nine,  deilitute  cf  the  aathority  fuppcfed  to 
be  contained  in  the  claufe  afcrclaid,  whereby  trouble  and  incohreniency  may  *ri(e  to  thole  who  have  had  bufirefs  dene 
•with  or  by  the  afortLid  Juftices  during  (hat  period  :   for  remedy  whereof, 

V.  B.  it  entitle;/,  that  all  the  proceedings  ot  the  aforelaid  Juftices,  during  the  above  period  UK] tiding  two  courts  in 
in  laid  county  of  lred.ll,  Mi  1 1  be  deemed  to  have  tlie  fame  force  and  validity  as  it  the  aferefiid  Juftices  had  been  in- 
vetted  with  all  the  neceiTary  powers  and  authorities  as  Juftices  of  the  Peace,  any  law  or  cuftoin  to  the  contrary  nor- 
vnthftanding. 

Chap.  XXXI.  An  aB  for  laying  off  a  team  on  the  lands  oj  John  Marriner,  in  Tyrrel  county. 

WHEREAS  it  hath  been  reprefented  to  this  General  Ail'embly,  that  a  town  in  the  county  of  Tyrrel,  otj  f  he  lane's 
of  John  Marriner,  on  the  fouthweft  fide  of  Scupper nong  river,  at  a  place  known  by  the  name  of  the  Black  lan- 
ding, would  be  of  very  conlide.*able  advantage  to  the  inhabitants  ot  laid  county  ;  and  the  laid  J 'ohn  Mmrriner  having 
petitioned  this  General  Ail'embly  for  the  fame  : 

I.  B:  it  therefore  enacled  by  the  General  Alfembly  ofthsfiait  if  North. Carolina,  and  it  is  hereby  enacled  by  the  au- 
thority  of  the  fame,  that  Benjamin  Spruill,  ly'ootfey  Hathaway,  John  H'ynn,  James  Wosd,  Charles  Spruill,  John  Anflty, 
Kezekiab  Spruill,  Nathan  Batimamad  Robert  Davidfou,  be  and  they  are  hereby  appointed  commillioners,  to  contract 
with  the  laid  John  Marrimr  for  eighty  aires  of  land  for  the  faid  tow  n,  and  the  terms  on  which  he  will  difpole  of  the 
fame  in  lots  cf  one  half  acre  each  ;  and  the  ground  fo  agreed  for  by  off  into  ftreets  not  lefs  than  fifty,  and  not  more 
than  one  hundred  feet  in  width  ;  which  lo:s  and  ltreets  the  laid  commiffioners  are  required  to  lay  down  in  a  regular 
plat,  numbering  the  lots  therein  laid  down  ;  which  faid  town  (hali  be  diitiuguiihed  by  the  name  at  Newport. 

II.  And  be  it  }u>  ther  enacled  by  the  authority  afore  faid,  that  the  comiinliioners  above  mentioned,  as  Icon  as  there 
/lull  be  a  fufHcient  quantity  of  lots  (ubferibed  for,  all  the  numbers  of  the  lots  ot  the  laid  town  lhallbe  placed  in  a  box, 
and  the  naiBes  of  the  fubferibers  in  another,  and  when  a  name  being  drawn  out,  a  number  at  the  fame  time,  his  fhall 
be  the  lot  the  number  tf  which  was  drawn  with  his  name  ;  and  the  remaining  numbers  undrawn  and  not  lubferibed 
for,  fhall  be  veiled  in  the  laid  John  Marriner,  notwithstanding  he  fhall  have  executed  a  deed  for  the  fame  to  the  com- 
millioners  aforefaid  ;  provided  ihat  the  fnblctibers  for  the  laid  lots  fh;  11  not  be  obliged  to  pay  to  the  proprietor  or 
roiinnillioners  more  than  fifty  fhiliings  for  each  lot  ;  and  that  this  act  fhall  not  have  effect,  until  the  faid  John  Marriner 
fhall  exccu;e  a  fuflicient  conveyance  to  the  commiffioners  aforeiaid,  of  the  land6  agreed  for  as  aforefaid  for  laying  cu 
the  faid  town. 

III.  And  be  it  further  enacled  by  the  authority  aforefaid,  that  the  faid  commiffioners,  or  a  majority  of  them,  are 
Iiereby  empowered  to  grant  deeds  to  the  lubfcribeis  for  the  faid  lots. 

IV.  And  be  it  further  enacled  by  the  authority  aforefaid,  that  if  any  of  the  commiffioners  hereby  appointed  fhall  re- 
fnfe  to  act,  die,  or  remove  cut  if  the  county,  thi  furvivtng  commiffioners  Ilia]]  be  and  they  are  hereby  empowered  to 
elect  another  cotnibidioiier  or  commifljoners,  in  the  room  of  him  or  them  fo  refilling,  dying  or  removing. 

Chap.  XXXII.  An  ail  to  empower  certain  perfons  therein  named  to  receive,  fue  for  and  recover  allfuch  bequeflst  dona. 
iv.u'y  bcn.-foclions  and  other  thugs,  as  have  heretofore  been  bequeathed,  given  or  made  by  any  perjon  or  perfons  what' 
ever  for  the  ufe  oj  the  ctngrrgalitn  cr  fociety  of  the  cpi/copal  communion  o/"Newbern. 

WHLP-fcJAS  there  have  been  donations  and  bequeltsmade,  and  monies  received  by  fublcriptions  for  erecling  art 
cpiicopal  church  rr  houfe  of  worlhip,  and  for  the  fupport  and  maintenance  of  a  miniiler,  but  for  want  of  legal 
authority  to  call  the  polTeifors  to  account  for  fuch.  donations,  bequefts,  monies  and  fublcriptions,  are  in  danger  of  be. 
Vng  I. 'ft,  for  prevention  whereof, 

I.  Be  it  enacled  by  the  General  Affembly  of  the  flate  (^North-Carolina,  ar.d  it  is  hereby  enacled  by  the  authority  of  the 
fa-net  that  John  !  onvielt,  Richard  Dobbs  Spaight,  Richard  Ntxon,  Jfomc  Guion,  Trtmas  Tbomlinfon,  John  Daves,  Tho- 
mas Haflin,  David  Wilherfpoon  and  William  Good,  tfquires,  fhall  and  tbey  are  hereby  declared  to  be  churchwardens, 
for  receiving  and  taking  into  their  pofleffion  all  and  lingular  the  donations,  bequefls,  benefactions  and  monies  or  fub- 
lcriptions, which  heretofi>re  have  been  given,  bequeathed  and  made  and  received,  and  all  and  lingular  the  donations, 
bequefts,  benefactions  and  monies  or  fublcriptions  which  have  heretofoie  been  given,  or  may  hereafter  be  given,  be- 
queathed, made  or  raifed,  and  all  and  lingular  the  lands  and  hereditaments  which  have  been  f  urchafed,  made  or  gi- 
ven for  the  ufe  and  b-nefit  of  the  congregation  or  fociety  of  the  epiicopal  church  of  Newbrrn. 

II.  Ami  be  it  further  enacled  by  the  authority  af orejaid,  that  the  laid  churchwardens,  or  a  majority  of  them,  fhall  be 
anJ  they  are  hereby  empowered  to  commence  and  prolecute  any  fuit  or  fuits,  either  in  law  or  equity,  againft  any  per- 
Ion  or  perfons  who  may  refufe  to  account  for  cr  deliver  up  to  them  or  the  laid  churchwardens  any  donations,  bequells, 
beneh-.tiens,  monies  or  lands  and  hereditaments  in  his,  her  or  their  hands  and  pofleffions,  and  which  hadbeen  giv- 
en, bequeathed,  raifed,  fubferibed  cr  pnrchafed  for  the  purpofe  aforefaid,  and  to  proceed  to  judgment  and  execution 
thereon  ;  anil  when  luch  donations,  bequells,  benefactions,  monies,  lands  and  tenements  Iliad  be  recovf  red  and  re- 
ceived, the  fame  to  apply  to  fuch  ufes  as  the  faid  congregation  or  fociety  fhall  direct. 

HI,  Provided  always,  and  be  it  further  enaclea,  by  the  authothy  aforefaid,  that  the  congregation  or  fociety  afire 
faid  are  hereby  authorifed  and  empowered  to  cenvere  at  the  cLurih  iu  faivittrv,  on  the  fn  It  M  inday  after  Eafier, 
and  on  the  fame  day  in  every  lucceeding  year,  ardelett  feven  perfor.s  to  ac~t  asd  churchwardens,  ar.d  Jhall  remain 
and  continue  in  office  f«r  three  years  after  fuch  election. 


22*8 

Chap.  XXXIII.  An  $i  ft)  'wtvefh.  ■-■  '  lefeafibU  right  of  inheritance"  hi  Charles,  Alley  aid  Pm  !"nce  Oj$jf>,  \h  ■■■rihing 
ujttralci?!'  ■  en  Oj  J  i  n  *j£g*,  oj  the  county  o/Pulq.iuta»k,  cffuch  property  as  w»j  bequ.-a.'htd  to  tje.ua  :,t  tk  .1  cktehf* 
ed  brother  Jell'e  '  "ggs. 

WHEREAS  it  baih  been  made  appear  10  thi?  Gciera'i  AfTembly,  that  j'.v;^  #£g\r  late  of  ilie  county  of  Pa,'quotanh% 
hath  departed  this  life,  leav.ng  behind  him  iv.ir  nataral  children,  Charles,  Alley,  Prudence  and  J<f/e,  toy  his 
negro  Have  Heller,  to  whom  ;ie  bequeathed  all  hia  real  and  perf onal  eflate  by  virtue  of  a  certain  laft  will  and  tefta. 
ment :  and  wh.i  rcas  hy  the  policy  of  the  !aiv,  ihe  f»id  children  being  haftarda,,  are  debarred  from  the  rights  of  inher- 
itance, and  being  recommended  to  this  General  Aileinbiy  as  perfons  of  good  fams  :  and  whereas  Jiff'  one  of  the 
children  is  dead. 

i.  Be  it  enabled  by  the  General  Affembly  of  the  [late  or"  North-Carolina,  aid  it  is  hereby  ennfied  by  the  authority  of 
Ihefame,  that  the  above  mentioned  Cfivles,  Ally  and  Prudence  Oggs,  ai ::  hereby  itr/cfted  in  an  indefeaithle  right  of 
inheritance  of  all  and  fmgular  the  lands  and  tenements,  good?  srrd  chare';  which  \v-j  heqae»fi)e'd  td  i.kvh  by  then- 
father  John  Oggs,  in  virtue  of  his  laft  will  and  teltament  j  and  that  they  hold  and  fake  the  (Md  property  to  them  and 
their  heirs  and  afli.j-ns  forever,  agreeably  to  the  direction;  of  the  laid  will,  and  the  intentions,  of  the  laid  Joha  Oggs 
therein  exprefled. 

And  whereas  the  within  mentioned  Hefter,  and  her  children  Charles,  Alley  an  1  Prudence  Oggs,  are  recommended 
<o  this  General  AfTembly  by  feveral  very  relpectable  inhabitants  of  the  Counties  of  tSamb'd  >:  and  Pxijquoiank,  as  wor- 
thy of  being  manumitted  and  let  free  agreeable  to  the  intention  of  their  laihcr  John  Oggs  • 

II.  Beit  therefore  enaclsd,  that  the  laid  negro  woman  He/hr,  and  her  children  C arles,  Alley  and  Prudence  Oggs\ 
ere  hereby  manumitted  and  Jet  free  to  all  intents  andpurpofes,  and  topoffefs  all  the  rights  and  privileges  as  if  they 
Iiad  been  born  free. 

Chap.  XXXV.   An  abl  to  emancipate  certa'n  negroes  therein  mentioned. 

WHERE  AS  it  haih  been  reprefented  to  this  General  AfTembly,  that  Robert  Sna-eu,  in  his  life  time,  did  receive  a 
valuable  confederation  for  the  further  lervices  of  a  certain  neg^o  woma.i  named  Ameli.i,  and  has  certified  the 
fame  and  declared  her  to  bs  free  :  and  by  pititioaof  Thdtriis  Lovick,  it  appears  to  be  his  defire  that  a  certain  negro 
woman  by  the  name  of  Betty,  belonging  to  him,  mould  be  let  free  ;  alio  a  petition  of  Manlieur  Ghaponst,  defiring 
nto  have  fet  free  a  muIaLo  (lave  belonging  to  him,  by  the  name  of  Lucy,  of  ihree  and  half  years  old  :  and  whereas  it  ap- 
pears by  the  pstition  ot  Ephrj'nn  Knight,  of  Halifax  county,  that  he  is  defirous  to  emancipate  two  young  tmilato  men 
called  Richard  and  Alexinder,  the  property  of  laid  Epbra'wi  :  and  it  hath  alfo  been  reprefented  to  this  AfTembly  by 
John  Alderfon,  of  Hyde  county  that  it  U  his  delire  to  let  free  a  nuil.tto  boy  belonging  to  him,  called  Sam  :  and  where- 
as it  hath  been  made  appear  to  this  AfTembly  by  the  petition  of  Thomas  Newman,  of  Fayetteville,  that  he  hath  a  mu« 
lato  boy  belonging  to  him,  which  he  is  deGrous  to  emancipate,   and  known  by  the  name  of  Thorn  is  : 

I.  Be  it  enacted  by  tbe  General  Affembly  of  the  State  of  North  Carolina,  and  it  it  hereby-  enabled  by  the  authority  of  the 
fame,  that  the  laid  negro  women  called  Amelia  and  Bettyx  and  tne  mulato  gad  Lucy  and  the  1'a'd  inulato  men  Rich- 
ard and  Alexander,  and  the  faid  mulatoboy  called  Sam,  and  the  negro  boy  named  Thorn  is  Clinch,  fha'l  he,  and  each 
of  them  are  hereby  emancipated  and  declared  free  ;  and  the  laid  Richard ztiA  Mexmier  Hull  take  and  ul'e  the  furname 
of  Day,  and  the  mulato  boy  Sam  (hall  be  known  and  called  by  thj  nann  cf  Sjm  iel  Johnfon  ;  and  the  faid  Haves  fo 
liberated,  and  each  of  ihem,  are  hereby  declared  to  be  able  and  cipible  in  lav  to  polfefs  an  1  enjoy  ever/  right, pri- 
vileoe  and  immunity,  in  as  full  and  ample  manner  as  they  could  or  might  h  ive  done   if  they  had  been  born  free. 


Chap.  XXXVil.  An  acl  toveft  in  Jeremiah  and  Robert  Field  a,i  indefeafible  right    to  fitch  property,  as  was   granted  U. 
them  by  their  father  William  field,  intheya<-  on;  tfaufhnd  fev:n  hunfredand  fevent-y-jix. 

WHEREAS  it  has  been  made  appearto  thi»  General  AfTembly  t!i3t  IVilliam  Ficldand  Lvdiu  his  wife,  in  the  year  one 
thouland  feven  hundred  and  leventy-fix,  made  adeed  of  gift  unto  their  children  Jeremiah  and  Robert  Field  of  a 
certain  tract  of  land,  lying  in  Rowan  and  Swry  counties,  containing  fix  hundred  and  forty  acres,  to  wit,  Orte  tract 
of  land  on  Abbot' s  creek,  beginning  at  a  hickory  ftanding  on  the  line  of  a  furvey  late  the  proper-)'  of  l'/illi  am  Buje, 
.nwd  running  north  along  his  line  in  A\  one  hundred  and  tw«  chains  to-a  ft  ike  in  the  line  of  another  furvey  of  the  laid 
Bufe,  then  weft  along  faid  line,  crpTing  faid  creek  and  a  fork  of  the  fame,  lkty  t»vo  and  three- fourth  chains  to  a 
black-oak  and  white-oak  faplins,  then  fouth  one  hundred  and  two  chains  to  a  black-oak  (aplin,  then  eaft  ctofiing 
laid  creek  fixty-l  wo  and  three-fourth  chains  to  the  beginning,  containing  fix  hundred  and  forty  acres  :  and  whereat 
liie  faid  property  was  held  as  confifcated  to  the  (tate  by  the  commiffioriers  of  contifcited-  property  for  the  diftritt  of 
Sahfbt.ry  ;  yet  as  the  fame  was  conveyed  previous  to  any  confifcation  law  of  Jthis  ftato,  bona  fide,  by  the  faid  l'/iUia>n 
Yield  and  Lydia  his  wife,  to  their  children  Jeremiah  and  Robert, 

I.  Bs  it  enuiled,  bv  the  General  Affembiy  of  the  State  of  North-Carolina,  and  it  is  hereby  enabled  by  the  authority  of  the 
fame,  that  the  (vA  Jeremiah  and  Robert  Field  are  hereby  inverted  widi  an  indefeafibie  title  and  intereft  in  the  proper- 
ty above  Uelcribed.,  to  thsm,  their  heirs  and  ailigns  forever  ;  any  h,v  heretofore  to. the  contrary  iiotwithftanding. 


*2f 
Chap.  XXXVIII.  An  cil  to  tar  d ,n  John  Bracfley,  ifthetovm  «/"\Vi!mington. 

W  HER  AS  7»i»  Bradley,  of  the  town  of  Wilmington,  in  the  county  of  New- Hanover,  fonie  time  in  the  yffir  of" 
our  lord  one  thoufand  feven  hundred  and  eighty  (even,  obtained  a  pardon  from  the  Governor  of  this  ftate  i  a 
confrquence  of  application  to  him  n  ade,  and  of  the  recommendation  of  the  General  AlTembly  in  behalf  of  the  laid 
John  Bradley,  then  accufed  for  the  killing  of  Samuel  Sstariti  :  which  pardon,  on  being  duly  pleaded  to  an  indictment 
for  the  laid  fuppofed  oft'ence,  in  the  fuperior  court  of  lav  tor  Wilmington  diflridt,  was  not  allowed  by  a  m.iionty  of  rite 
Judges  of  the  laid  court  ;  and  the  fsid  John  Bradley  in  his  petition  to  this  General  AfTembly  having  fet  forth  fueu  cir- 
cumllances as  upon  due  enquiry  and  full  confideratton  of  the  fame,  it  appear*  the  laid  John  Bradley  ou^ht  to  be  par- 
doned* 

1.  Be  it  therefore  enabled  bx  the  General  trembly  of  the  ft  ate  o/North-Caro'ina,  and  it  is  hereby  enaclcd  by  the  autht. 
rity  of  the  fame,  that  the  laid  John  Bradley  is  fully,  freely  and  abfolutely  pardoned,  acquitted  and  discharged  of  and 
from  any  profecution  for  murder,  manfhughter  or  other  fpecies  of  homicide  of  whatever  nature  in  law  or  conftruc- 
t  ion  thereof,  done  or  committed  by'  the  laid  'John  Bradley  in'the  .killing  of  the  laid  Samuel  Swar.n,  with  winch  he 
now  is  or  hereafter  may  be  charged  in  any  of  the  courts  of  this  fhite- 


Chap.  XLII.  An  aft  to  eftablijb  the  lines  of  a  certain  trail  of  land granted  unto  Charles  Gerrard. 

WHERE  AS  it  appears  to  the  fa  cisf  action  of  this  General  Aifembly,  that.  James Saniersi  deputy,  fuiveyor  of  the 
military  lands  of  this  ftate,  did  return  a  plat  of  furvey  of  a  i raft  of  land  for  Charles  Gerrard,  El  qui  re,  for 
two  thoufand  five  hundred  and  fixty  acres,  fituate  in  the  county  of  Davidfn,  for  which  plat  a  grant  hath  ifluerJ  to 
the  laid  Charles  Gerrard,  notwitbltar.ding.the  faid  lurvey  was  not  made  to  rue  cardinal  points  agreeable  to  Jaw,  by 
which  means  the  laid  Charles  Gerrard  may  be  in  a  future  day  difturbed  in  his  title  of  the  faid  land  :  and  whereas'the 
entry  of  the  faid  Charles  Gerrard  is  one  ef  the  old;ft  date  in  the  laid  county  of  DavidJon,  and  that  it  is  not  juft  he 
Ihould  differ  on  account  of  any  millake  or  error  irtthe  deputy  furveyor  ; 

I.  Bs  it  therefore  tna&edby  the  General  Jffimhly  of  the  State  of  North-Carolina,  and  it  is  hereby  enabled  by  the  an. 
ihority  of  the. fame,  that  the  boundary  lines  of  a  military  grant  of  this  ftate  numbered  number  thirty-two,  figned  by 
his  Excellency  Richard  Cafzoelli^Kiqwre,  then  Governor  of  this  ftate,  the  fourteenth  dav  of  March  one  thonTand  (e- 
yen  hundred  and  eighty  -lis, ,  given  and  granted  unto  Charles  Gerrard,  a  Lieutenant  in  the  North. Carolina  line  t»v© 
thouland  five  hundred  andliiuy  acres  oi  land  lying  in  the  county  of  David/on,  on  the  louth  fide  of  Cumberland  river 
including  the  mouth  of  Yellow  creel;,  beginning  at  a  white-oak  on  the  river  bank,  thirty-four  poles  above  tne  mouth 
of  teltov)  creek,  then  down  the  river  to  a  hackberry  and  boxelder,  thence  louth  ihirty-five  degrees  euft  four  hundred 
and  fixty  poles  acrofs  the  creek  ro  an  elm,  thence  north  fifty  five  eau  eight  hundred  and  eighty  fix  poles  to  a  white- 
oak,  thence  north  thirty  five  weft  three  hundred'  and  eighty-two  poles  to  the  beginning,  be  and  are  hereby  declared 
to  be  the  t  fhbliihcV.  boundary  lines  of  the  faid  Charles  Gerrard's  aforefaid  tract  of  two  thoufand  five  hundred  and  fixty 
acres  ;  any  law,  uiage  or  cufrom  to  the  contrary  notwithftanding.  Provided,  that  nothing  in  this  ad  contained  (hall 
be  conftrued  to  injure  the  right  of  any  individual  10  the  laid  land. 


CnAP.tXLlV.   An  ad  toautqcrj/ejwfies  Bdlirgfby  to  execute  a  deed  or  deeds  of  anvtyance,  agreeable  to  a  power  of at- 
iorney  andthela(t  xuill  ant  teliament  of  U  lhiam  Rea,  lute  0/ Guilford  county,  deccafed. 

WHEREAS  Wihiam  Rea,  late  o:  Guilford  county,  decealed,  did  in  his  lifttime  execute  a  power  of  attorney,  bear, 
ing  date  tbe  third  day  of  FtbrUa<y  one  ihcufand  ieven  hundred  aud  eighty-nine,  unto  James  Billing/?*,  era 
powering  hin  to  execute  a  deed  or  deedsof Conveyance  to  every  perlon  or  perlons  to  whom  he  the  faid  William  Sea 
lold  lands  on  the  waters  oi  Cumberland  river,  or  in  Guilford  counly,  in  this  Hate  ;  which  power  of  atotrney  he  "ri.e 
(aid  William    Ren  recognized  by  his  laft  will  and  tcflament  :  m 

it  therefor?  creeled  by  the  General  Jjjembly  if  the  Hate  o/North-Carolina,  audit  is  herebi  enabled'  by  the  autln- 
riiy  »/  the  fame,  ihat  James  Billingfoy  is  hereby  authorifedand  empowered  to  execute  a  deed  or  depd,  of  conveyance, 
agreeable  to  the  power  of  attorney  aforefaid  aud  the  laft  will  and  teltament  of  the  laid  William  Rea,  deceafed  • 
which  deed  or  deeds  fo  executed  as  aforefaid,  fliall  be  good  and  valid  i.i  law  as  it  the  faid  William  Rea,  deceafed  had 
in  his  lifetime  executed  the  lame  ;  any  law,  ulage  or  cuftorn  to  the  contrary  notwithftanding. 

Ckap.  XLVI.  /in  ail  to  eflablifli  a  public  infpeclkn  of  tobacco  in  Clarkfrille  the  county  cfTencflee. 

WHEREAS  the  eftabhfliing  a  public  inlpecf  ion  nf  tobacco  in  Clarkfville,  in  the  county  .oi  Teneffee,   will    encou- 
rage commerce,  promote  induftry  apd  oe  advantageous  to  the  tobacco  planters  andothers  in  the  county  aiore- 
faid  : 

1.  Be  it  therefore  cnbl.dly  the  General  Affembh  of  the  State  o/"North. Carolina,  audit  is  hereby  ettscled,  by  the  autho- 
rity of  the  fame ,  that  the  Juftices  of  the  county  court  of  TeneJ/ee  Hull  and  are  hereby  empowered  and  oireded,  to 
caufe  to  be  built  and  erected  a  werehoufe  and  other  conveniences  in  the  faid  town,  fit  and  neceflary  for  the  leception 
infpe&ion  and  fafe-keeping  of  tobacco  in  the  'aid  town  ;  and  the  fame  when  fo  built  and  erected,  fliall  and  is  hereby 
-wWd  to  be  2  ptttlU  WfieUuie  for.  the  reception  of  tobacco. 

M-3. 


J go 

l1 .  And  be  it  enailed,  ly  the  r.nthv  ily  afore/aid,  that  the  f,iid  court  (hall  appoint  two  diflrect  and  careful  men,  well 
cualified  and  acquainted  with  the  nature  and  qualities  of  u.b.icco,  to  be  irifp'<  tiers  fhereel  ;  who  fhall  lake  the  I.  re 
oath,  be  l'ul  ]<.&.  to  the  lame  rufes,  regulations  and  reilrictions,  to  which  infpe'etors  af  tobacco  are  fnbject  by  an  •  et 
of-the'peWal  Aflembly,  -pafied  at  ffeivbern  in  the  ye;r  cne  thoujand  feven  hundred  and  tivcnty  fevi-n,  Entitled, 
An  etf  likmer.d^ the  Rople  of  tobacco,  er-d  prevent  frcuAs  *  ;  which  faid  law,  lb  far  as  is  not  picvided  for  by  this  acT, 
fhall  govern  the  rtifpecrion  hereby  eftibhfhed.       *N.   C.  L.   z,    1777,  p-  337- 

ill-  And  be  it  further  oracled  ly  the  authority  c.frefid,  that  the  infpectors  fo  appointed, ihall  have  and  receive  of  the 
owners  of  tobacco  the  fum  of  eight  (hillings  for  each  and  every  hog  (head  of  tobacco  they  fhall  infpect,  cooper  arid^  uc 
in  good  order,  and  ihe  Aim  of  two  (hillings  for  each  and  every  hundred  weight  of  transfer  tobacco  by  them  infpe'.ted, 
in  full  for  their  trouble,  finding  nails,  prizing  and  every  thing  neceffary  thereunto. 

-IV.  And  be  it  further  er.aSled It  the  authority  aforrfajd,  that  the  infpectors,  or  either  o:  them,  when  fo  appointed 
by  the  court  <md  qualified  as  by  this  act  directed,  is  hereby  invefted  wi:h  full  power  and  authority  to  infpeft  any  to. 
Laccothat  may  be  brought  to  the  faid  wareboufe,  and  on  pilling  the  fame,  grant  a  certificate  or  r.o;e  thereof  to  the 
owner  or  owners  as  the  cafe  may  be. 

Chap.  XEVUI.   An  an  to  amend  and  enlarge  an  a£i  pajfed  a*  Hifl.fboroagh,  in  April,  one  lb.oufa.nd feven  burred    in* 

eighty  fair,  entitled,   An  act  to  enable  Alary  Do^:i  to  fie  for  and  recover  to  her  own  life,  and  the  uf-.-of  her  ch    I  en 

by  her  hufband  Conner  Doiud,   all  debts  due  and  owing  to  the  laid  Conner,  and  .ill  other  thing;   in    action  which  the 

faid  Conner  Do-eud  might  lawfully  (ueter  and  recover,  were  he  a  citizen  of  this  fla'ie  and  entitled  to  tne    benefits  of 

.its  law  .  p.    141. 

WHEREAS  dcubts  may  a  rife  whether  Maty  Dowd  waslegally  aufllBrifed  bv  the  before  recited  off  to  fell  and  con- 
vey any  part  of  the  real  ell  are  of  her  huib  ind  Cvntr  Doivi :  and  whereas  it  is  repre'fen ."6d  ta  this  Gerie'fcal  Af- 
feaib'y,  that  it  will  nor  be  poilible  for  her  to  difcharge  all  the  debts  ol  the  laid  Con  iir  without  Jelling  pan  o:  Lis  feat 
eftate  : 

I.  B:  it  then/ore  enaSedby  the  General  AJJbnbly  of  the  flute  of'  North. Carolina,  anuit  it  hereby  etijied  by  the  au- 
thority of the  fame,  that  the  faid  Afary'  D&ub'd'QiaM  and  niay  be  fully  aiuhorifed  and  einpo'.veiej  to  Jell  ami  convey  lb 
much  of  the  real  eltate  of  t  he  faid  Conner  Dfiied,  as  ihall  be  fufficient  to  difcharge  all  his  deli's  ;  and  on  filch  !  1  c  to 
make  and  execute  a  deed  or  de  i  1  and  fale  for  the  fame  to  the  purchafer  o.-  purchafers,  m  as  full  a;:d  ,,m- 

p!e  mam  er  as  'f  Ihe  wa_,  a  feme  fole  and  unmarried)  and  actually  was  feized  of  an  indsafeafiSle  eftate  in  fee  Ample  in 
and  to  the  laid  teal  efhte  ;  which  iald  deed  or  deeds  of  bargain  and  fa's  by  the  laid  \lary  Boivitk  to  be  triad  ,  (hall 
convey  a  clear  and  indefeafibJe  efiare  in  fee  Ample  to  the  purclufer  <  r  parchaTef's  of'luch  real  eftate,  which  Ihall  be 
good  and  eifectual  in  law  to  bar  the  right  of  rile  la -1  Conner  DOwd,  his  heirs,  devifecs  and  afligns,  as  well  as  the  riy;ht 
of . the  laid  Mary  Dowd,  her  heirs,  de.vifees  and  affi£ns.  Provided,  that  this  act'  fhalJ  nqt  be  fo  conllrued  as  to  affect 
the  right  or  claim  of  any  perfbn  or  perfons  other  thanrhofe  herein  particularly  barred,  any  law  orbfage  to  the  con- 
trary notwithstanding.  Provided  alfn  this  act  ihall  not  bs  conftrued  as  to  operate  spoil  any  real  eftate,  iave  only 
that  Which  Ihall  be  in  the  count/  of  Chatham' 

CilAP.   Xi.IX.    An  act  to  cor.fr  m  unto  iSenjimin  "Williams  an  indefeafib/e  title  tt   a   certain  piece  of  land   in   Brunfwicfc 

y  ;  c  ttd  for  m  thing  co  <..  .  mabte  to  the  plan  the  eourfis  of  a  tfa  1  '.  fiand  containing  jh'e  thoUfar'jd  acres  iti  Hawkins 

cotfnty,  (ituate  on  the  nirihj  de  oj  Clinch  river  and  0:1  both  fides  of  Emery  river,  granted  to  James  Glalgow  ;  .n  I  the 

courjet  if  ./  tncl  of  land  in  Jones  county,  lying  on  Crooked  run,  containing  fix  hundred  and  forty  acres,  granted  to  A. 

brah  mi  Buffet. 

X7t7.'HEREA.S  it  has  been,  fnfliciently  proved  to  this  Ceneral  AfTembly,   that  Benja  n'm  Williams,  of  Eiuif.oick  coun- 

W     ty,  hath  en  "quitable  right  to  a  certain  piece  or  pare*-!  of  land  in  the /aid   coanry,  formerly  the    property    of 

/;  illia  n  Sis  :  ■>»,  0        .-.7ci  c:k    be  .: inning  at  a  fbke  in  a  bi  !:n:n  above  the  Bolplacc,   thente  alorig  lid  Simpfon's  own 

and  Ha/el's  line  including  the  Soiplace,  thence  along  his  own  /\   line  to  Roger  Davis's  tin-:  to  a  Ijghtwood 

flake  in  a  meadow,  ihcn  acrofsto  the  firft  ftation,  including  .-i  :  Mu  rdred  aires  of  land,   being  part  cf  a   tract  of  pa:d 

patented  by  Ifilliutn Simp/on,     and  by  him  conveyed  to  thebefqre  mentiorie\i  Benjamin  Williams  tor  a  valuable  cehfi- 

deration,  on  the  fifteenth  cf  September,  one  thoufand  feven*  hundred  and  iiventy   live. 

i.    Beiten  ,    -d  by  th   General ' Afjfemhly  *fthe_ fiat e of  Mirth  Carolina,  and  it  is  hereby  enaStd bv-ihe -authority  of-the 

fame,  that  ihe  piece  or  parcel  of  land  herein  Before  defcribed,  wi'h  the  appurtenance^  be   and   the  fame  is  hereby 

led  to  and  vefted  in  the  faid  Benjamin  Williams,  his  htirs  andaifigris  forever. 

•    And  whereas  it  appe  rs    ron  thi  p  a:i  of  the  Purvey  of  a  piec«oi  land  granted    unto  James  Clafgow,  Efqnire,  that 

the  lurveyor  through  milrake  hath  inferred  in  the  certificate1  one  cburf?  more  than  is  laid  down  in  the  plan,  wheicby 

part  01  the  land  entered  and  intended  to  be  granted  is  left  oyt  of  the  grant. 

1I-r';         '     '/""'•'       "        /by  the  authority  afo-efaid,  that  froi-i  a:H  after  th»  pil'l",-  of  this  a^    the    courici  of  the 

aforB&td  tract  ai  Jatnd  (hall  be-asfoltows,  towir,  begtnnWg  at  two  elras  and  a  i"  ■  t  the   h  ak, of  the  river, 

running  ihenre.nc    th  1      1  ealt  fix    nndred  a  to  11    n  JJ font's, come  fo  thence 

orth  lixty  eight  degrees  weft  five  hundred  anil  (Uty  pules,  thence  fouth  one  hu  idt    1  and 

•  ;"■  :--  J-'  "fi  !-:  I  '■  •'  'g<rw'i  line  of  his  one  thoufand  kcrej  furvey_  to  i  [take,  theart  anothei  or  his  line's   of  la;  1 


23 1 

furvey  w: ft  ;c'jr  hm: 'red  s:w  ifiety  poles  to  a  b!aclt  oak,  thence  fouth  to  Clinch  river,  ther.ce  up  the  meanuers 
thereof  as  laid  di  wn  .  he  pi  to  :1  -  beginning  :  and  that  ail  L.e  land  contained  in  the  above  lines,  be  veiled  in 
the  I,  i<J     j  :■       '       -",     it  he    s:    d  a iiigns  forever. 

III.  An  ■  be  itfurtber  en  .Hid,  that  lue  fecreury  be  directed  to  alter  the  grant  and  record,  and   make  them   con. 
ile  to  the  above  courlea. 

■\    .!  whereas  it  aifo  appears  frcm  the  plan  of  a  trait  of  land  in  Jones  county,  en  Crooked  run,  granted  to  Abraham 
,       it  the  furveyor  hath  in  the  certificate  am  exed  to  the  plan  of  furvey  in  the  firft  ccurfs  icferleda  direct    con- 
tra*;, cuticle,  whereby  the  land  is  thrown  immediately  oif  the  actual  furvey  : 

IV.  Be  it  therefore  enacted,  ly  the  authority  aforifaid,  that  hereafter  the  cc  urfes  of  faid  land  (hall  be  as  follows,  to 
wit,  beginning  at  a  black  oak,  running  north  iixty  fcv:n  degrees  eaft  three  hundred  and  twenty  poles,  then  fouth 
twenty  tliree  cegrees  eafl  three  hundred  and  twenty  pole,  then  lout )  fixty-ieven  degrees  weft  three  hundred  and 
twenty  poles,  and  from  thence  to  the  firft  ftation. 

V.  ,i'n.l  he  it  further  enai  led,  by  the  authority  iforcfald,  that  ?I1  perfons  who  have  rurchafed  lands  within  the  afore- 
faid  com  ies  f.  sjii  the  afoiefa'd  Abruham  Buffet,  and  thofe  claiming  ironi  cr  unter  him,  are  hereby  veiled  with  an  ab. 
iolute  right  in  fee  fnnple  to  the  lands  purchafed  as  afortf-id. 

VI.  F-  rented,  that  this  act  lliall  he  not  be  conftrued  or  plead  fo  a  to  affect  any  right  derived  otherwife  than  claim- 
ing  by  or  under  the  laid  William  Satnffbn,  the  faid  James  Gla/gpw3  and  the  faid  Abraham  Buffet, 

Chap.  L.     An  eel  to  enable  William  Eeaty,  ai-nini-' rater  of  the  eftate  of  J.nnes  White,  hie  of  Bladen  county,  deceaf- 
-  id,  to  fell  the  lauds  end  tenements  therein  met  thned. 

WHEREAS  H  is  represented  to  this  AfTembly,  tha:  Jan  s  White  lare  of  Blqdcti  county,    #jt,  at   the  time  of  hi  s 
de-cede,  greatly  indebted,  and  that  if  the  perfonalleftafe' were  applied  to   the    payment  of  his  debts,    his 
widow  and  children  woulcF  be  deftltnte  of  fuppprt  ;  wherefei    , 

I.  Be  it  eneSedby  the  Gene:  at  Affimbh  if  the  State  of  North-Carolina,  and  it  is  Hereby  enabled  by  the  authority  of  the 
thefame,  that  it  Ihall  and  may  be  lawful  for  ihe  faid  WiU'tdm  Beaty,  a^ifiiuilrraibr  as  a;orefaid,  to  fell  and  convey  one 
lot  of  lard,  with  the  appurtenances,  number  one  hundred  and  thirteen,  in  Elizabeth  town  ;  three  hum. red  ai  d  twen- 
ty acres  of  land  on  the  eaft  fide  of  Ly  ons's,  lwamp  ;  and  a  trad  cf  !and  on  Black  river,  known  by  the  names  of  S^.nu's 
o'd  he!d,  all  which  lands  are  fituate  in  Bladen  county  aforei'aid.  And  the  faid  adminiftrator  is  hereby  empowered 
to  it  ake  conveyance  of  the  f  aid  lands  tc  the  piirchafers,  whic.i  ihall  be  as  effectual  and  valid  in  law,  as  if  the  fame 
Lao  been  made  b>  the  faid  James  White,  in  his  lifetime. 

II.  Aid  be  it  a'.Jo  c  idled,  that  the  laid  William  Biaty  fljall  advenife  Iritbe  TeyetjleyiUe,  Gazette,  the  time  and 
place  to  be  appointed  n;r  the  fale  of  the  lands  aforefaid,  two  months  before  fuch  falc  ;  and  the  fame  ihall  be  fold  on 
i  x  months  credit,  the  purchaser  giving  bond  with  fuificlent  iecunty  to  the  laid  B.aty,  for  payment  of  the  purchafe 
money. 

III.  Ar.dbe  it  farther  enacled,  that  the  laid  William  Beaty  (hall  apply  the  money  ariling  from  the  fale  of  the  lands 
aforefa/d,  to  the  payment  of  the  debts  of  the  faid  deceai^d  :  and  the  lands  aforementioned,  and  the  monies  whicil 
(I  .1  ;.ri:e  from  tlie  fa'e  of  the  lame,  (hall  not  be  liable  to  dower  of  the  widow  of  the  laid  deceafed,  any  law  to  ths 
tontrai  y  notwithstanding. 


Chap.  LI.  An  ail  to  veft  certain  lands  therein  mentioned  in  the  monthly  meeting  of the  people  called  quak:rt,  e/~Ne>v-Gar« 

den,  in  Guilford  county. 

W'HEREAS  it  appe.rs  to  this  General  AlT.-r.-ibly,  that  a  certain  Richai d  Wi'diams.  01  the  nineteenth  cf  O&ober, 
one  thoufand  (even  hundred  and  fifty-  feVen,  did  convey  a  certain  tract  cf  land  fituated  in  iXe-aiCar dti,  in 
Guilford  county,  to Henrv  Ballenger, and  Thomas  Kurd,  and  their  fuccellbrs,  in  truft  for  the  ule  and  benefit  of  the 
monthly  meeting  ol  the  people  cailed  quakers,  in  i\\evj  Garden  in  faid  county  ;  and  the  laid  Henry  .'  -  r.aud  >. 
mas  Hunt  being  tie.d,  and  thei  e  being  no  1  net  tllirs  cr  mean'-  of  appointing  futh  provided  in,  the  laid  deed  it  other- 
wife  :  for  lemtdy  whereof, 

I.   Bi  it  enafitd,   bp  the  General   Offend  ■■',  of  re  ~t,  te  of  N'orth-Carolina,  and  it  is  hereby  er.acledh;  the  a  '      ity    f  h; 
fine,  mat  the  faid  tract  and  parcel  of  land  conveyed  by  deed,  bearing  date;     ifbre  i   I,  by  tnela    I  a  is 

to  ihe  faid//t»n  Ea.llenger  and  7hoi  a    Hunt,  containing fi  ty- three  acres,  and  fituate  in  A/w  Gard    ,   in  f        county 
r:d  bounded  as  follows,  to  w:t,  n  at  a  hickory  lapHn,    tunning    (hence   wed  ■    tea 

winLeei  .:  ■  .it.    thence  ii  i  ut  poft,  therce  eaft  twenty-]   de  to  a   whii      i  '.    polt,  ice 

fouih  fi  to  a  wfajte  Oak  poft,  tlei  i        poks       i  .     .!  ice  m      .  - 

twenty  |  er<  .  .   mteting  of.  the  |  I 

led  tii-  ity  of  Guil/ohd,  fc-i  nd  purpole^  I  in 

the  i  ■  as  Hunt  •  aiii 

called  dy  politic  and  corpora 

liles  j  ....  '  Ltpu  i ]  lue  ami  be  fiied|  plead  and  be    .;  ,    aded,    in   an)  , 

o  urtel  l.i v.  cr  equi  y  ii  thij  - 


*1* 

Chap.  LII  An  n&  for  creeling  and  eflvblWnng  a  town  at  Hawkins  cturt-houfc. ' 

WHEREAS  Jofeph  Refers  and  James  Higan  have  lig.i.iieJ  to  this  General  AiTenib!,,  that  they  are  deilrons  a 
town  frnu'id  be  eftablifhed  at  Hawki*s  courthoufe,  on  the  lands  belonging  to  them  at  that  place  ;  and  it  isre« 
prefented  further,  chat  there  are  a  number  of  lots  already  laid  off  and  improved,  thu  the  (ltuation  is  healthy  and 
convenient,  being  on  the  great  road  from  the  eaffward  that  l;ad$  to  Kentucky  and  Cumberland  fettlem-ms,  an i  that 
many  of  the  inhabitants  ol  Hawkins  have  lolicited  the  proprietors  of  the  faid  land  to  hive  thirty  acres  thereof  laid  out 
into  lois  and eltabli Ihed  as  a  town. 

I.  Be  it  therefore  enacledby  the  General  Affembly  of  the  flat;  of  North-Carolina,  and  it  is  hereby  enacted  by  the  au- 
thority of  the  fame,  that  Thomas  King,  Thomas  Hutchins,  jofeph  M'Cullocb,  Thomas  Jjckfoz,  and  Elijah  Chiffom,  be 
and  they  are  hereby  appointed  commiffioners  and  truftees  for  designing,  building,  and  carrying  on  a  iowii  at  Haw* 
kins  court  houle,  by  the  name  of  Roger/ville  ;  and  they,  or  a  majority  of  them,  are  hereby  ejnpmvered  and  requir- 
ed to  lay  off  thirty  acres  «f  land,  including  the  public  building  at  the  laid  court-houfe,  in  half  acre  lots,  with  conve- 
nient ftreets  and  alleys  ;  that  they  caufe  a  plan  of  the  faid  town  to  be  made,  and  each  lot  to  be  particularly  number- 
ed, and  that  they,  or  a  majority  of  them,  caufe  the  faid  thirty  acres  of  land  fo  laid  oif,  to  be  conveyed  to  them  joint- 
ly, as  truftees  for  the  laid  town. 

II.  And  be  it  further  enailed,  that  the  faid  truftees  aforefaid,  fhall  referve  two  or  more  lots,  where  the  public 
buildings  now  ftand,  to  be  and  remain  public  lots  for  the  ufe  of  the  county  of  Hawkins. 

III.  And  be  it  further  enailrd,  that  the  truftees  aforefaid,  or  a  majority  of  them,  fhall  make  good  and  lawful  titles 
in  fee  fimple,  of  all  other  lots  in  the  faid  town  of  Roger/ville,  except  the  public  lots  herc'm  reierved,  to  the  refpect- 
ive  purchafers  of  the  fame,  delcribing  each  lot  by  the  number  thereof,  and  the  ftreet  on  which  it  lies. 

IV.  And  be  it  further  enailed,  that  in  cafe  of  the  death,  refufal  to  act,  or  removal  out  of  the  county  or  ftate,  ofa- 
ny  of  the  truftees  named  in  this  ail,  the  furvivors  of  them  are  hereby  empowered  and  required  to  appoint,  from  time 
to  time,  by  inttrument  of  writing,  from,  under  their  hands  and  feals,  fome  other  perfon  or  perfons  in  place  of  him  or 
thein  fo  dying,  removing,  or  refufing  to  ail,  which  laid'  inftrument  (hall  be  recorded  in  the  court  of  the  county  of 
Hawkins,  and  the  truftee  or  truftees  fo  appointed,  ftulj  have  the  fame  power  and  authority  a?  il  hi.n  or  they  had  been 
expreilly  named  and  appointed  in  thisaito 

Chap.  LIII.  An  a  el  for  cutting  a  canal  from  Juniper  bay  to  Mattamufkeet  Inks,  in  Hyde  county, 

WHEREAS  it  is  represented  to  this  Genera!  AfTembly  that  the  cutting  a  canal  from  Junip;r  bay   to  the  faid    lake 
would  drain  a  valt  quantity  of  land,  and  would  be  prod  ictive  of  other  falutary   effects ;  and  the  people   living 
near  faid  lake  being  defirous  that  a  legiflative  finction  might  be  obtained  for  the  opening  laid  canal  : 

\.Be  it  therefore  enabled  by  the  General  Affembly  of  the  State  o/"North  Carolina,  andit  it  hereby  enacled  by  the  autho- 
rity of  the  fai/jf,  that  /Michael  Peters,  John  Eborne,  James  Watfon,  Andrew  Saunders, -Seth  Hovev,  Benjamin  Ruffed, 
jfokn  A!d:rfon,  William  Harris,  junior,  and  John  Jtrdan,  be  and  they  are  hereby  declared  commiffioners,  for  the  pur- 
pole  of  taking  and  receiving  voluntary  fub(cr;ptions,  and  for  fuing  for  and  recovering  all  luhfcriptions  fo  made  ;  and 
they  or  a  majority  of  them  Ilia  LI  and  may  contract  with  any  perfon  or  perfons,  at  thetr  difcretion,  to  cut  and  open  the 
afcrefsid  canal  the  molt  direit  and  advantageous  way  from  Juniper  bay  to  the  lake  aforefaid.  Provided,  that  it  finll 
not  be  lawful  for  the  laid  commiffioners  to  cut,  or  caufe  the  faid  canal  to  be  cut  through  any  perfons  land  without 
their  confent. 

Chap.  LIV.  An  acl  fir  e.ftablifhing  two  places/or  holding  general  muflers  in  the  counties  of  Wilkes,  Burke  and  Ruther- 
ford, and  the  place  of  holding  courts  martial  ;  and  for  altering  the  manner  of  holding  eleHions  of  members  to  reprefent 
faid  counties  in  the  General  Affembly. 

WHEREAS  it  is  very  inconvenient  for  the  inhabitants  of  the  county  of  Wilkes  who  live  on  the  weft  fide  of  the 
ApalachUtn  mountain  to  attend  general  mutters  and  elections  at  the  court-houfe  in  laid  county:  for  remedy 
whereof, 

I.  Be  it  enated  by  the  General  Affembly  of  the  Hate  o/~North-Carclina,  and  it  is  hereiy  enacted  by  the  authority  'f  the 
fane,  that  after  the  pi  fling  of  this  ait,  when  the  commanding  officer  of  the  militia  in  the  county  of  IV 'diet  fhall  order 
a  general  mufter  of  hi6  regiment,  it  iliafl  lie  in  the  following  manner,  to  wit,  that  all  the  militia  in  faid  county  living 
weft  of  the  Apalachian  mountain,  Ihall  be  ordered  to  meet  at  the  plantation  next  -above  Co!.  Charles  C 'jrde-rs,  tin  Na- 
ktd  creek  ot  New-River,  where  it  fhall  be  the  duty  of  the  lieutenant-colonel  of  L  <  to    attei   '  and   difcipline 

themili'ia  aforefaid  according  t6law,  eycept  a  majority  of  the  field  officers  in  fai  i  r  mtyappoint  fome  other  of  (he 
field  officers  to  artend  faid  mutter  in  the  Head  of"  the  lieutenant  colonel  :  in  which  c\\z  it  ihall  be  the  duty  of  the  field, 
officer  or  field  officers  fo  Rjp  tin  .'J  by  '.he  majority  as  aforefaid  to  ittei/ci  faid  mufter,  an  I  difcipline  the  militia  as  afore- 
laid  ;  which  mutter  ihall  he  the  day  preceding  the  day  of  the  general  mufter  of  the  inhabitants  of  the  faid  county  li- 
ving on  the  eaft  fide  of  the  Apalachian  mountain  ;  which  mufter  laft  mentiond  Hull  be  field  at  the  court-houfe  as  the 
law  (tireiis. 

If.  And  be  il  further  enacled.  by  the  authority  aforefaid,  that  a  regimental  c-inrt  martial  fliall  be  held  as  the  law  di- 
rects at  the  court-houfe  in  Wilkes  county,  on  ih«  next  day  after  each  gener:  I  mufter  hereby  direiled  to  be  hrld  •>•  '"  ■ 
"aid  court-houfe  ;  which  court  martial  fhali  have  as  full  and  ample  power  and  authority  over   the  whole  regime 


21  •* 

if  this  ael  fo-  dwidtifg  faid  mtifter  had  never  hern  pnlTed  ;  any  law  or  cuftom  to  the  contra}'  riotwithftandjng. 

IU.  And  be  it  furtbei  en.lHed,  by  the  authority  afore/Sid,  that  after  the  pacing  of  this  a&j  trie  annual  election  for 
iaidcouivy- be' Kill! in  trie' following  manner,  to  wit,  the  election  (hail  begin  at  the  plantation  on  Naked  creek  above 
mentioned,  on  the  feeond  f  n  /day  in  Auvuft  in  every  year,  at  ten  o'clock  in  the  morning,  and  lhall  continue  u:  til 
fnnfec  of  the  fame  day  in  manner  as  by  la>v  directed,  then  the'iheriffaud  mlpectors  {hall  leal  up  the  ballot  boxes,  and 
lhall  proceed  with  the  boxej  and  Several  hits  of  votersby  them  r.iken  to  Wilkes  court  houle  ;  and  on  Saturday  next 
after  ti.e  faid  Thur/diy,  the  polls  lhall  be  there  opened  and  the  feals  takenoff  the  ballot  box-s  at  eight  o'clock  in  ths 
morning,  and  the  liienif  and  infpe&ors  ihall  then  proceed  to  conduct  the  remainder  of  laid  election  in  a  fair  and  open 
manner  as  heretofore  by  law  directed. 

IV.  -ml  be  it  further  enaSted  b  the  authority  aforefaid,  M:;>t  in  cafe  of  a  fpeciai  writ  of  election  hTutngby  order  of  a- 
ny  t'u'ure  General  Afle'mbly,  to  electa  member  or  members  to  r^prefent  laid  county  in  the  General  Aflembly,  luch  e- 
lection  ihall  be  held  in  the  manner  by  this  act  directed,  that  is  t'.t  lay,  laid  elefl  oh  (hall  be  begun  and  held  the  firft 
day  at  the  p'a  itauon  on  A'rtWcreck  aforefaid,  and  on  tne  third  and  laic  day  at  the  court  notile  in  faid  rounty, having 
an  intervening  day  lor  the  purpofe  of  conveying  the  ballet  boxes  from  the  plantation  oh  Naked  creek  aforefaid  to 
Wilkes  courr-hcuie  as  before  directed  by  this  aft;   any  iavr  to  the  contrary  notwithstanding. 

V.  And.be it  enabled,  by  the  authority  atorefaid,  that  the  jheriffof  /aid  cour.tv  is  hereby  directed  and  required  to 
advertise  all  elections  hereafter  to  Le  held  at  the  feveral  places  directed  by  this  act  for  holding  faid  elections,  agreea- 
ble r<>  the  law  in  that  cafe  made  and  provided. 

VI.  And  be  it  further  endded  by  the  authority  aforefuid,  that  all  the  inhabitants  on  the  welt  fide  nf  the  Apalach'-an 
mountain,  that  is  within  the  con  ,ty  of  Rutherford,  lhail  heve  full  power  and  authority  to  hold  all  future  elections  on 
the  feeond  '.,'  inefddy  and  Friday  oiJuguJl,  at  the  plantation  where  William  bttrnej  formerly  lived,  on  Cain  creek: 
eleftio  is  and  general  mailers  to  be  under  the  lame  regulations  forrhe  cou:!.y  cf  Rutherford,  as  is  provided  by  mis  act 
forth.-  wefteiii  inhabitants  of  the  county  cf  Wilkes  ;  any  law,  ufageor  eultorn  to  the  contrary  notwithstanding, 

VII.  'Ar.i'he  'it  further  enaSied,  by  the  authority  afiretaid,  that  captain  Smith's  company  and  tiie  Ivey  and  Cain  river 
company,  being  inhabitants  of  J&trHe,  may-field  their  annual  genera;  multers  at  Beefte's  mill,  and  they  (hall  held 
their  election  for  members  ot  Aflembly  aj  the  find  mill  under  the  direction  of  the  (heriffof  Burke,  or  one  of  his  deputi- 
es ;  which  laid  election  lhall  be  held  on  the  Wedhefday  preceding  the  feeond Thurfday  in  AuguCt  umil  fun-down,  at 
which  time  she  fhefiiF attending  the  lame  lhall  count  out  the  tickets  in  prefencc  of  three  freeholders  who  infpected 
tiie  poll,  and  lhall  make  out  the  hit  of  the  ca:idi.iares  balloted  for,  and  let  down  the  number  of  votes  for  each  candi- 
date in  words  it  uli  1  :ngth,  which  lift  (hall  be  figned  by  the  infpecTfcors  of  t:ie  po!!  ;  then  tiie  (aid  Sheriff  (hall  proceed 
to  the  coui  t-houle  of  Burke,  and  on  the  third  Frii'ay  of  Auguft  del:ver  in  the  lilt  aforefaid,  to  the  fheriff,  in  pre  fence 
of  the  inlpeftors  who  hiperintend  at  the  court  home,  and  alfo  a  lift  of  the  voters;  and  no  perfon  rending  in  the 
companies  ator.la.d  (hall  be  allowed  to  voteai  any  other  place  for  members,  but  at  faid  Beefle's  mill. 


Chap.   I.V.   An  a3  to  empower •■■the  county  court  of 'Pitt  til >  lay  a  tax  annually )  for   the  purpofe   of  bunding  a  court  u-nfe, 

prifon,  andfiqeks,  and  for  keeping   the  fame  in  repair . 
I.  "O"  ''  en  Hzd  by  the  General     "    '■  ly  of  the  Uale  cf  North-  Carolina,  and  it  u  hereby   enaeledby  the  authority  of  the 

13  fame,  rhat  the  cosnfy  court  of  Pitt  is  hereby  aurhorifed  and  empowered  to  lay  a  tax  annually  for  the  purpofe 
of  buiMing  a  court  hrufe,  prifon,  and  (locks,  and  for  keeping  the  fame  in  repair,  not  exceeding  rhe  ium  cf  eight 
penes  on  every  hundred  acres  ol  land  in  faid  county,  and  a  poll  tax  not  exceeding  two  (hillings  like  money  on  every 
taxabie  perlon,  and  a  tax  of  two  Ihillirfgs  on  every  hundred  pounds  value  of  town  property  in  laid  county,  which  (aid 
tax  ihall  be  collected  and  accounted  for  in  rhe  fame  manner,  at  the  lame  time,  and  by  the  fine  perfons  who.  are 
appointed  to  collet!  the  public  taxes  in  faid  county,  and  be  pa  d  into  the  hand;  of  the  eommiffijners  hereafter  named 
lor  building  the  court  home,  prifon,  and  flocks  ;  and  that  in  cal'eof  refulal  or  neglect topay  the  laid  money  into  tl  el  and* 
of  the  conimiluoriers  hereafter  named,  the  perlon  fo  neglecting  or  refufing,  (hall  be  liable  ro  the  fame  penalties,  and 
tne  lame  m.xle  of  recovery  lhall  or  may  he  had  againft  him  or  tbern,  as  by  law  lhall  or  may  be  had  againft  Iheriff* 
Tvho  neglect  or  refule  to  account  for  and  pay  public  taxes. 

11.  And  be  it  further- endcied  by  the  authority  afore  faid,  that fames  Armjlrong,  SSadrick  Allen,  fohn  Moye,  Artlur 
Forbes,  Samuel Simpfon,  Benjamin  Bell,  and  William  Blount,  be,  and  hereby  are  appointed  commiflioners  tp  receive, 
afk  for,  fne  and  recover  the  laid  tax  from  the  fherhf  of  the  laid  county,  and  to  appropriate  the  Lame  to  the  building 
a  court  boufe,  pril  in,  and  (locks,  and  to  difpnfeof  the  old  ccurt-houfe  and  prifon  for  the  molt  obtainable,  as  foon  a" 
may  be  aitsr  the  new  ones  are  completed  ;  and  it  fliall  be  a  part  of  the  duty  of  the  faid  commiflioners  lo  lay  albte  of 
their  accounts  half  yearly  before  the  cflnrt  of  Pitt,  3iid  finally,  after  the  buildings  are  completed,  to  fettle  with  the 
ccurt.  deducting  an  adequate  con  mifiion  for  their  trouble.  And  in  cafe  of  the  death,  remcval,  or  refulal  ro  act,  of 
either  of  the  belorc  named  commiflioners,  then  it  (hall  be  lawful  for  the  faid  county  cour:  of  Pitt  to  appoint  other 
commiflioners  in  tneir  ftead,  who  lhall  hare  equal  powers  with  thole  Hamed  in  this -a,  and  be  fubject  to  the  fame 
duties,  pains  and  penalties.  . 


N3 


234 

C.^aP.  LXIII.  An  aft  for  rkerelfc}  of  Tin  ;  pc'rfmj  who  may  Se  wounded  by  the  Indians  loHkin  ihi  dijlnfi  of  Mero,  and 

jorothir  pitipo/es. 
TT7HLREAS  it  hath  been  reprefehred  :o  the  General  Alle'robiy,  that  feveral  perform  within  the  diftricl  of  Mcro  be- 
V>  jng  wounded  by  the  Indians,  hacllt  not  in  tbeirpoWer  tO'emj.lcy  phyficiaii',  (urgeonsj  nu.-fr,  or  to  pi  o  vide 
themfelves  \vit?\  the  nccffT-ny  met)  cines  and  attendance,  by  which  means  their  lives  have  been  much  endangered  :  a;  d 
whereas  it  is  probable  thai  feveral  ptrions  under  the  fa:d  tircumiiariccs  hare  died  for  want  oi  proper  c4re  :  tor  remedy 
whereof, 

I.  B:  it  therefore  enafifd  by  the  General  A (femblj  oftksffatt  of  North.Ciroliria,  aril  it  is  hereby  tndftedby  the  eu. 
thurify  of  the  fame,  that  from  and  after  the  palling  of  this  act,  the  county  courts  of  Dav]djl»,  Sumner  ,nJ  'f-enneffi: 
fhall  be  and  they  are  hereby  empowered  andauthorifed,  whenever  it  nny  appear  to  their  faii  faction  that  the  potion 
wounded  by  the  Indians  ib  not  aole  to  defray  she  e;:pences  of  his  treatment  and  cure,  to  pals  the  accounts  ofpl  yiictiamt, 
furgeons  »nd  iiurfer,  and  tho'e  for  the  necelnry  medicines,  protifions  and  attendance,  the  fame  bsing  property,  a^ 
tefted  and  proven  on  oath  ;  which  accounts  thus  paflTetl  by  the  faid  courts  (hall  be  received  in  payment  of  all  public 
taxes  by  the  collectors,  fherifii  or  other  efficersjn  faid  tlidrict  ;  any  law  or  cuilom  to  the  contr.n-y  notwithstanding. 

An<l  whereas  it  is  goo'  policy  to  keep  up  a  friendly  imercourfc  with  the  Indians  tribes  in  amity  with  the  good  pea. 
pie  of  this  flare. 

II.  Be  it  therefore  enabled,  by  the  authority  afore/aid,  that  ail  accounts  of  provision-,  furnifbed  to  Indians  within 
4.he  diftricl  of  Mero  by  any  of  the  inhabitants  thereof,  being  duly  prbveuand  upon  oath,  and  the  fame  beiijg  e.\!  i). 
itcd  \r.  the  court  of  the  county  wherein  Inch  perfonsmay  re  le,  the  si  I  court  (ha  1  be  and  is  here#y  empowered  to 
pafg  all  inch  account  ,  a:  .1  to  fix  the  price  of  fuch  to  the  xdians ;  w  lich  accounts  thus  psiiVd  by 
the  court  as  aforcfaid,  (ball  bereceived  in  payment  of  any  of  rhejpubjic  u:ces  in  laid  diltrict  ;  3ny  \xn  or  cultom  to 
thee  .-.".tntry  notwithftanding. 

III.  Be  it  further  enadei,  that  onaccount  of  the  fcardty  of  hyfi  iiniand  furgeons  wrthin  'he  diltr'£t  of  /fVr», 
that  ail  praffifing  phyficians  and  furgeons  within  tlie  laid  diltriCi  Dull  be  exempt  from  all  militia  duty,  axcept  in  the 
cale  of  actual  invalion  or  inlurrection. 

IV.  Be  it  further  enabled,  that  all  acts  of  AfFembrj,  or  parts  of  acts,  which.come  within  the  purview  of  this  act,  are 
hereby  regaled  and  made  null  and  v«:d,  to  all  intents  atiu  parpofes  as  if  me  fame  iiad  n*ver  been  made. 


Citap.   LXVIII.  An  aEJ  to  empower  the  -as ardent  of  tht  poor  for  the  county  rf  Franklin,  Orange   and  Surry,  to  build, A 
hottfe  or  h'.ufes  for  ike  reception  of  the  poor  ;  aid  for  at'.eniivg  tlx  \V  liming  ton  town  lam. 

W'flEIlEAS  the  poor  llioilld  always  be  *n  object  ot  legiflative  attention  : 
I.  Bi  it  therefore  enacled  by  the  General  Ajfemblyof  the  Hate  fj/".\:;rth-CaroIina,  ardit  is  hereby  enadedby  the 
authority  of  the  fame,  that  the  wardens  of  the  poor  for  the  county  of  Franklin  arc  hereby  autborifed  and  empowered 
to  lay  oiFand  let  apart  fomucri  of  the  lands  referred  in  the  town  or  Le-eifburj  fur  the  cuurt-houfe,  prilbn  and  ilccks, 
as  (liall  be  neceSary  to  ersct  a  houfc  or  houfee  thereon,  for  tae  purpofe  of  receiving  and  maintaining  the  poor  of  faid 
county. 

II.  And  be  it/urther  enaBed,  by  the  authority  afortfald,  that  the  \sardens  of  the  v-o^t  for  the  county  of  Franklin  are 
■hereby  a'uthorifed  to  cail  on  the  commiffioners  or  other  perfbn  or  perfons  who  iruy  have  in  their  hands  the  mofliea 
■riling  from  the  iale  of  r.he  glebe  in  Frinhlin  county,  for  the  dividend  cr  furplufage  wnich  may  be  due  to  faid  county 
ot  Irankliti ;  and  the  faid  com*;!  'oners  or  ether  perfbn  or  perfons  having  tne  laid  monies  in  their  hands,  are  hereby 
directed  and  required  to  pay  the  laid  lurphifage  or  dividend  of  laid  monies  into  tiie  hands  of  the  wardens  of  the  poor 
for  the  faid  county  of  Franklin. 

III.  And  be  it  further  enabled,  by  the  authority  aforefdid.,  that  the  faid  wardens  of  the  poor  for  the  county  of  Frant- 
lin  are  hereby  authori led,  directed  and  required  to  apply  fafd  monies  toward,  building  ai  d  erecting  a  houl'J  or  houf- 
es  on-.tbelandi  above  mentioned,  which  lietife  or  huute  t,  with  the  lands  (o  appropriated,  (hall  be  and ire- 
mainto  the  ufe  of  the  county  aforefaid,  under  the  dire&i»us  of  the  wardens.of  the  poor  for  faid  county,  audio  their 
fucccfloi's  forever. 

IV.  An  bs.it Jurtier  matted  .by  the  authority  aforefaid,  that  if  the 'aid  gleb*  monies  &a!I  be  found  inefficient  for 
the  purpofe  aforelaid,  that  then  and  in  that  caie  the  wardens  of  the  poor  tor  the  laid  county  of  Franklin,  are  hereby 
authcriied  to'uy  a  tax  nut  exceeding  the  inns  of  one  (hilling  fpecie  on  every  poll,  alfo  a  turn  not  exceeding  four  pence 
on  every  hundred  a'.«-<;sof  land,  and  «  fum  not  exceeding  one  ...  Uirfg  on  every  hundred  pounds  value  lit  town  lots  in 
laid  county  of  Faanklin  \  which  tax  fhall  be  colleftcd  by, the  fame  per  .on  appointed  W  collect  the  public  taxes,  and 
paid  into  the  hands  of  the  county  wardens  to  be  by  them  applied  to  the  purpofe  aforelaid. 

V.  And  be  it  further  er.aixcd  by  the  authority  afirefaid,  that  the  court  of  the  caanty  of  Franklin  are  hereby  atnhoril- 
ed  and  required  to  appoint  two  proper  perfons,  inhabitants  of  the  town  of  of  Leviijburgb,  t«  value  the  lots  in  laid  town 
until  the  owners  of  laid  lo's  may  become  freeholders,  any  law  to  the  contrary  uotwunitanding. 

VI.  And  be  it-further  cnaHed  by  the  authority  afirefaid},  that  the  wardens  of  the  poor  for  the  county  of  Surry  are 
hereby  authorised  and  empowered  to  lay  a  tax,  r.oi  exceeding  one  (hilling  on  each  poll,  alio  a  tax  not  exceeding  lour 
pence  on  every  hundred  acres  of  land,  and  a  tax  ot  one  lb  Uing  on  every  hundred  pounds  value  of  Town  lots  within 
laid  county  of  Surry  ;  whi<  h  ux  fhall  be  collected  for  the  year  one  thouland  (even  hundred  and  ninety  by  the  collcci-. 
ors  fcr .collecting  public  taxes,  in  the  fame  manner  and  under  the  fame  rules  and  reftrictions  as  arc  appointed  for  col. 


lefting  public  taxes  ;  which  .taw*  when  (a co.lecleJ,  fl:all  be  by  faid  collectors  paid  into  the  fund*  of  the  wardens  ot" 
the  county  o(Surry Tor  the  fole  purpofeof  building  a  boafo  or  hcules at  feme  convenient  place  for  ihe  reception  ot' 
the  poor  ;  which  houfe  or  hcules  when  built,  Ihall  be  and  regain  for  the  u(e  of  the  county  aforcfaid  under  the  dU 
redans  of  the  wiardensol  ri  e  pooi  for  faid  county,  and  their  fucceflbrs  forever. 

Vlf.  And  be  it  further  en&Slcd  by  iBe  autko-ily  oforefaiJ,  char  prr.fons  belfeg  incapable  to  fuppo::  themfs'ves  or  of 
felf  prefervatjon,  (hall  be  under  the  care  of  the  faid  v  aniens,  who  are  eir powered  to  difpofe  of  them  in  faid  houies. 
Provided  always^  ihac  if  any  luch  pocr  who  came  under  the  care  of  the  wardens  are  able  to  work,  the  (aid  wardens 
fball "keep  them  employed  on  fome  iuitab.'c  bufir.efs  for  the  benefit  offuch  poor. 

VIII.  ind beit  further  entiled  by  the  anthtiity  aforfjaid,  that  the  overplus,  if  any  remain  after  compleaiing  faid 
buihlings,  Ihall  by  UiJ  wardens  be  sp{  lied  towards  leilening  '.he  poor  tax  fcr  faid  county. 

IX.  And  be  it  further  ena£Ied^  th.t  s!l  the  powers  herein  given  to  the  county  of  FrankC.n,  mall  be  extended  to  the 
county  of  Orange,  with  lelpect  to  any  building,  pocr  or   lunatics  in  the  faid  county  of  Orange. 

X.  And  for  the  better  government  and  regulation  of  the  town  of  Wilmington,  D:  it  madid,  that  in  future  each  and 
every  of  the  commiflloners  of  the  Cud  to\»n,  and  ihcii  fucctfiprs  rtipectiveiy,  during  their  conrinuance  in  office,  fhafl 
be  fully  veiled  wuh  the  fame  powers  ard  authorities  fcr  exei  using  all  laws  and  ordinances  for  the  government  of 
the  faiil  town,  which  the  laid  commdlioners  now  pofTefsfor  thofe  purpoles  when  convened  together. 


XV  Year  of  the  Independence.     The  ift  of  November,   1790. 


C  SAP.   IV.   An  cB  to  enalh  ihe-Jir.rdens  of  the  poor  for  ihe  counties  rf  Pa.rquotar.k  and  Carteret,   to  build  bAfes  rcfttcl- 
ivilyfor  therecrptir.itf  thepoir  of  the  faid  counties,  andfbrdevyirg  a  tjx  io  defray  the  expence  thereof. 

WHEREAS  the  building  a  houfe  for  the  reception  of  the  poor  in  each  of  the  counties  of  Pufquotank  and  Carteret , 
will  very  much  contrtDJie  to  their  more  comfortable  fubfiftence  : 

I.  B:  It  therefcre.enacled  by  ihe  General  Affemblyof  ihe  J!  ate  p/iVoi  th  Carolina,  and  it  is  hereby  er.oB.dby  the, •  autho- 
rity of  the  fame*,  that  foE  the  comity  of  Pafyuotatfk,  Job  Carver,  Jtfrph  Richardfen,  and  Thomas  Davis  ;  and  for  the 
caancy  of  Carteret,  James  Hirker,  Jofeph  Bell,  junior,  and  David  Hall,  be,  and  they,  rr  a  majority  of  them,  are 
hereby  appointed  comrriliioners  to  fuperintend  the  building  a  houfe  reipeciivtly  for  the  r<  ceprion  if  the  rror  of  the 
laid  ccunr:es  ;  which  (hall  be  of  (uch  dimennens  and  llruclure  as  the  wardens  of  the  poor  for  the  Paid  counties  ihall  dt- 
fign  ,  and  the  faid  cemmitheners  cr  a  maji  rity  of  .1  en,  aie  hereby  inverted  with  power  to  employ  luch  ar.d  io  many 
men  for  the  purprfe  of  erecting  the  (aid  holdings  as  to  them  (hail  appear  proper  and  neceiTary  :ar,d  the  faid  buildings 
when  erected  completely  and  iiniiiied,  (hall  be  appropriated  to  the  Iole  ufe  ot  the  poor  cf  the  faid  counties,  under 
which  dencn  foation  lhail  be  comprehended  all  lech  perions,  cf  either  fex,  in  the  faid  counties,  as  (hall  by  the  war- 
dens  of  the  poor  for  the  faid  com  ties  be  adjudged  inctpab'e,  by  means  cf  old  rge  cr  infirmity,  cf  procuring  fublitt- 
ence  for  themielves.  And  the  (aid  wardens  cr  a  majority  of  them,  Ihall  appoint  a  keeper  or  cverfeer  of  the  houfes 
refpc&ivc-iy ,  «  hole  bafir.e.'s  and  duty  it  (hall  be  to  preferve  gotd  order  among  the  pot  r  v,  ho  (hall  inhabit  the  fame, 
ana  te  enforce  all  luch  regulations  as  Ihall  be  ef.abl.lhed  from  rime  to  time,  for  the  well  ordering  and  governing  the 
faid  peer,  by  the  laid  wardens  or  a  majority  of  tnem  :  and  the  faid  keepers  or  overfeers  for  their  trouble  (hall  be  al- 
lowed  each  year  of  their  ervice,  to  be  aiccrtaiued  as  to  the  quantum  :::erecf  by  the  laid  wardens  for  the  time  being  or 
H  majority  cf  them,  and  paid  out  of  the  tax  which  the  wardens  ihall  levy  for  the  fupport  of  :he  poor  :  and  each  of 
the  faid  ^cor  inhabiting  the  faid  houfes  as  ihall  be  cac.ble  clUboor  of  any  kind,  ihall  be  moderately  en-ployed  and 
kept  :o  tuch  labour,  and  the  prcf.ts  thereof  (hall  be  a]  thtd  towards  the  fopport  of  the  po*r  of  the  faid  counties  :  and 
the  faid  keepers  or  overfeers  »y  directions  of  the  warden?,  from  time  io  time,  ihall  purchafe  provifions  for  the  fufte- 
nance  of  the  poor  under  their  care,  anil  dull  be  allowed  for  the  lame  out  of  the  laid  ;ax  ;  and  at  ths  end  of  each 
year  (hall  account  with  the  wardens  ca  oath  for  ail  (urns  which  may  h-»e  been  collected  2nd  have  arifen  from  the  la. 
b-'ur  of  tlie  fu;dpoor. 

II.  Obftleie. 

ill.  s,>.d  be  it  farther  erased,  that  the  faid  commiflior.eTS,  at  fach  place  as  the  wardens  ftn'l  direct,  ihall  pur- 
chafe  two  acres  of  ground  whtrecn  to  end  the  faid  buildings  •,  which  (hall  be  paid  for  out  of  ths  tax  herein  be* 
fore  laid  to  defray  the  eipence  of  build  h  g  the  faid  hi  ufes. 

IV.  Aniheit  further  enafled,  that  if  in  ca'e  of  death  or  tefufa!  toaft,  ths  county  courts  refpectively  fball  pro. 
ceed  to  appoint  other  commifiioners,  and  they  or  a  majority  of  them,  may  proceed  agtecably  to  the  intent  and 
meaning  of  this  aC~t  to  can  y  the  fonts  into  elfocl. 


Chap.  V.  An  ccl 
r'BEREA! 


.   An  acl  io  hep  rpen  Rcckfilh  creek,  in  Cumbet  land  county,  from  its  mouth  to  the  forks  thereof. 

WHERE  \o  it  is  made  a;  pear  to  this  (  t  eral  Affirmbly,  th2t  by  optning  of  Roekffh  creek  as  for  up  ti  e  fame  as 
the  forks  thereof,  by  eitcung  hits  or  foch  other  cotivei  unce  at  or  over  the  dairs  already  acres  the  faid 
creek,  or  fuch  as  may  be  hereafter  built  011  the  fame,  would  tend  much  to  ths  benefit  and  advantage  of  thole  hav- 
ing property  on  the  faid  creek  :  wherefcre, 

i.  B:  it  entrSsd  ly  ths  durkl  Ajjm.bly  if th  fate  of  North.  Carolina,  arid  it  is  hereby  cat  ftcd  by  the  authority  if 


i$5 

the  fart'  tint-  evrt"  perfors  ftr  pcrf -ns  who  hith  or  V>v  :  bu  or  "r;-1".  i  arty  mil!  dm,  ov  who  n^y  hereafter  build] 
et  caufe  obc  hurt  any  dam  or  damj  on  or  acrnTs  i  ie  fair!  ?  S  :re  k,  between  be  mouth oT  the  faid  creek  and 
the  fo,k  thereof,  fhrl  bu''d.  or  cauie  to  be  built  and  ere^Ie  T,  I  o  i  <  .  ■■•.  .  h  lam  or  dams  a  pioper  flln  or 
other  convenience,  fo  as  to  admit  th:-:  fafe  paffige  of  faw.-mlll  iu  i-  ",  ton  timber,  ilavss,  fhinrtles  or  fucii  other 
produce  as  is  generally  rafted  ov;  r  flips  on  .  iftle  rivci  in  Cumbi  i  /  »  '  county. 

II.  Be  it  fwthen  enacled,  by  the  authority  aforefaid,  tha  ever  perfon  or  .ierf  mis  refuiin g  or  neglecting  to  c>m- 
p'y  with  this  aft,  (hall  fo.  f  it  and  pay  to  ;i  y  pei  fon  or  pcrfons  who  nay  be  i  ju  ed  ir  receive  damage  iy  cafon  of 
i'uch  neglcdl  or  refufil,  all  damage  fultained  by  the  perfon  or  p:rfo  ,s  owning  fuch  !um  >er,  ton  timbrr,  lta.es 
or  fli:ngles  from  the  perfon  or  perfons  owning  mch  dam  or  dams,  upon  the  perton  or  perfons  a  ho  .nay  receive  fuph 
damage  or  injury,  p^cdufing  fufficient  proof  of-  fuch  lumber,  ton  timber,  ftaves  or  fhingles  b  ing  properly  rafted, 
and  of  the  damage  fiaftained  for  want  of  fuch  flip  or  other  convenience,  to  be  recovered  with  coils  before  any  jur  f. 
diction  having  cognizance  thereof.  Provided  neverthelffs,  that  no  fuch  owner  or  OA'.turs  ol  dams  Shall  be  obliged  to 
make  fuch  flip  or  other  convenience  until  the  firltd.iy  of  September  nest. 

Chap.  XXVII.    Ana8  for  buildinq  a  couit  hv.fe  in  the  town  of  Iiiilfborough,  for  the  dii'tricl  .-/Hi!  (borough. 

WHERE  \S  the  court  houfe  in  the  town  of  HHlfboroubi  in  the-colmty  of  Orange,  has  been    lately    conftfrned   by 
fire,  which  has  cauf.-d  the  cour  s  ol   faid  county,  as  veil  as  the  fuperi  r  courts,   to  b_-  held  in  a  private  ho'jfe 
by  which  means  the  bufinefs  of  the  faid  courts  is  greatly  delayed  :  .for  remedy  w '..ereof, 

I.  Be  it  enacltd  by  the  General  Affemhly  of  the  Hate  ^"North-Carolina,  and  it  xfhireby  en. 3 '4  bv  the  authority  of  the 
fame,  that  William  Walters,  Abfahm  Tatoan  and  Jedut baa  Harper,  Enquires,  be  ami  they  are  hereby    appointed  com- 

miflioners,  for  the  purpofe  of  building  ^ud  erecting  a  good  and  fulhcient  court  house  on  the  fame  lot  where  tha 
former  one  ftood,  the  dimensions  of  which  to  be  at  the  d'fqretioh  of  the  faid  commifli  nsr-.  \  and  the  faid  ccmmlfi- 
oners,  or  a  majority  of  them,  are  here  y  veiled  with  fu'J  power  and  authority  to  fell  and  difpofc  of  the  br  ck  and  re- 
mains of  the  former  court  hou'e  in  the  faid  townof  Hvifbirougk,  and  alfo  to  call  for,  demand  and  receive,  of  all 
and  every  perfon  or  perfons  fufpected  of  having  any  of  the  remains  of  faid  court  houfe  in  his,  her  or  their  poircilion. 

II.  III.  Obfelete. 

IV.  Andprovided  ahvayr,  that  thecornmifHonerss  appointed  in  virtue  of  this  act  (hall  raife  and  keep  feparnte  ac- 
counts with  the  fheriffs  of  <  ach  and  every  county  within  the  diO.rid  aforei'aid  for  ihe  monies  by  this  act  to  be  collect- 
ed, and  when  they  thai:  h.ive  ful  ypaid  up  what  the  laiJ  district  court  houfe  may  coft,  fliall  return  the  overplus  of 
any  monies  that  may  then  remain  in  their  hands  to  the  refp<3ive  <.o-j  ties  at  are  hereby  taxed  for  the  railing  the 
fame,  and  to  the  inhabitants  of.the  town  o£  Hilijbtrough,  in  proportion  to  the  funis  by  the  aforefaid  counties  and 
town  of  fdillfborougk So  paid  for  .the  purpote  aforefaid  ;  and  upon  failure  to  p  y  and  fatisfy  fuch  furp  us,  the  fame 
fhaii  be  recovered  by  morion  in  any  conn  ol  record,  as  again  ft  Sheriffs  and  other-  holding  public  m  -n  cs- 

V.  And  be  it  further  .ena fled,  by  the. authority >  afot  ■■  .■'  I  n  beiorethe  fai4  commissioners  Shall  enter  upon  their 
faid  truit,  or  take  i  to  their  hands  any  of  the  monies  a  orefaid,  they  fcrinio  bon  i  in  the  furn  of  three  t  i  u. 
fand  pounds,  payable  to-fnc  Gotmpucu:.  £or  tire  time  being,  epndi:ioned  that  thsy  will  faithfully  difcharge  the  triJft 
in  them  repofed  by  this  act. 

VI.  Ami  be  it  further,  tna&ed,  by  u  e  authority  aforefaid,  that  the  coram  (fionrrs  by  .this  act  appointed,  (li  II  w  thin 
thirty  days  afterthe  palling  the  fame,  advertife  in  one  or  more  of  t  c  moil  ublic  places  in  (he  diftriet,  snd  alio  in 
the  Fayettev'tlle  gazette,  t  at  they  vvdl  let  tnc  laid  buildings  to  the  lowed,  bidder,  at  the  m  irkei  hbilfe  ot  the  town  of 
Hilljbsrough,  on  the         day  of 

Chap.   XXlX.  A>:  oB  to  regulate  an  J  fix  the  price  fir  in/pefting  and       Bering  tobaeco  at  Fayetfevile. 
\T7HEREAS  the  laws  now  in  force  in  this  Mate,  regulating  the  fees  of  infpe£t,ors,  coopers,  pic?;ers   and  turners 
»  Y    up  of  tobacco,  have  been  found  from  experience  not  fufticient  to  prevent  Irauds  and  impodtions  :  to  present 
which, 


hoy!:. cad  ol  tobucCQ    the  fumof  ten  fhihiugs,  and  no  more. 

II.    '!>•}  be  it  futfher  enafitd  by  the  authority  aforefaid,  that  the  infpectors  orpi.-.kers  of  to'iaccoat  the    fj'd  feveral 
ware  houfes,  fhall  be  entitled  to  and  receive  for  picking  toD  a  ceo,  one  fifteenth,  of  all  parcels  of  tobaccco  fo  picked 


by  (hem. 


thereof,  by  and  for  the  ufeoi  any  perfon  filing  for  the  fame.  ^' 

IV.  /ind  be  it  further  enaStd  by  the  authority  ajorejaid,  that  the  infpedors  of  tobacco  at  the  federal  ware  hordes 
(lull  pater  into  bond  with  iufficient  fecurity  in  the  penalty  of  fifty  pounds,  at  next  Cumberland  court,  payable  to  the 
county  of  Cumberland,  for  the  faithful  performance  of  the  duties  enjoined  by  this  act  respecting  the  turning  up,  coop- 
ering and  prizing  of  tobacco.  Provided  ahoa-jt,  that  the  owner  or  owners  of  tobacco  who  m3y  leave  the  fame  at  any 
of  the  laid  ware  houfes  for  inTpect  on,  (bail  have  the  liberty T>f  turning. up,  prizing  and  coopering  the  fame  under 
the  directions  of  the  infpeSors,  which  infpedors  in  all  fhch  cal'es  ihall  be  only  entitled  to  receive  lour  (hillings  as  ufu« 
al  for  the  inspecting  each  hoglhead  of  tobacco  and  ifliiing  a  note  for  the  (an)e. 

V.  Andbe  it  further,  untied  by  the  authority  aforefaid,  that  the  owners  of  the  feveral  tobacco  ware  houfes  at  F/svttte. 
•mile,  who  are  entitied  to  ftorage  for  tobacco  Itored  thereia,  ihall  deliver  the  fame  to  the  owner  of  inch  tobacco  fo 
Uored,  at  the  dcor  of  the  Wire  houfe,  on  application  of  the  owntr  or  (hipper  of  fuch  tobacco. 

VJ.  A-.d  he  it  furthu-  enafledfo  the  authority  of ww faid,  chat  in  future  the  infpcclors  of  tobacco  in  this  (lite  fliall  be 
allowed  twenty  (hillings  for  infpefting,  prizing,  finding  nails  and  coopering  each  hogihead of  transfer  tobacco,  fo  as 
to  make  the  feme  the  weight  of  a  crop  hogiheadand  fit  i<iv  exportation,  and  no  more,  exclusive  of  the  hothead  m 
which  the  fame  is  reprized. 


Chap.  XXX.  An  m£t  to  eftablifh  a  tewn  at  the  place  fixed  uponfer  the  court. houfe  in  the  county  r/Stokes. 

\T7HERE4S  it  hath  been  reprelented  to  thU  General    Afiembly  that  it  is  a  pleal'ant,   healthy  Situation,  and  that 
V   Michael  Fry  and  Henry  Fry  h.ive  made  a  detdin  fee-iimp!e  of  twenty-three  acres  of  land  to  Charles  M'Annally 
and  Gray  Bynum,  for  the  ufe  oi  the  faid  count)   : 

I.  Bt  it  enacled,  bv  the  General  .IfftrrAty  of  the  State  of  North- Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the- 
fame,  that  on  thejaid  lands  fo  laid  olt'be  eitabliihed  a  town  agreeable  to.  the  l'cueme  and  plan  thereof,  by  the  maine 
of  Germantqn. 

II.  Be  it  further  en.tcled,  by  the  authority  aforefaid;  that  Gray  Binum,  Charles  M'Ar.nsUy,  Anthony  Billing,  James-- 
Jfiukey  and  John  Ha't-ert  be  constituted  corn  uillioners  and  trnfteesfor  carrying  on  and  regulating  the  laid  town  and 
the>  Ihall  itand  feized  of  sn  indefeaflble  eftate  in  fee  iituple  in  the  tweniy. three  acres  of  land  as  aforelaid  to  and  for. 
the  ufes,  iatents  and  purpoies  hereby  declared  ;  and  the  faid  commiflioners,  or  a  majority  of  then!,  Ihall  have  full 
power  and  authority  to  meet  as  often  as  they  ihall  think  proper  to  make  luch  regulations  at  they  (hall  judge  molt  con- 
venient. 

ill.  Ar.d  be  it  enacled,  that  a  majority  of  the  commiflioners  aforefaid,  (hall  have  full  power  to  fell  and  difoofe  of 
the  lots  in  faid  town,  make  and  execute  deeds  in  lee  limple  to  the  refpedive  purchafer  «r  purchaferi  for  the  lame. 

IV.  And  be  it  enacled,  that  the  refpedive  purchafers  of  lots  Ihall  pay  and  (atisfy  the  commiflioners  for  whatever 
fum  or  fums  they  may  feveraily  incur  by  pure-haling  lots  from  the  faid  commitTtoners,  and  in  cafe  of  negleft  of  any 
purchafer  to  pay  the  fum  or  fums  that  may. be  incurred  as  aforefaid,  that  then  aaid  in  that  caie  the  commiflioners,  or 
a  majority  of  them,  may  ccmn.encc  a  fuitor  fuits  in  their  own  name,  and  therein  recover  judgment  ;  and  the  faid 
connniiiior-ers,  as  foon  as  they  ihall  receive  the  money  by  the  iales  as  aforefaid,  ihall  pay  the  lame  into 'the  fcands  «f 
the  commilTioners  for  letting  the  public  buildings  in  (aid  county,  and  be  applied  towards  defraying  rhe  expence  of  ths 
buildings  afcrelaid.  Provided  ntverthelefs,  before  the  faid  commiliioners  receive  the  money  aforefaid,  they  lhail  en- 
ter into  bond  with  good  fecurity  in  the  fum  of  live  hundred  pounds  for  their  faithful  application  of  the  monies  fo  re- 
ceived by  them. 

IV.  Ar.d  be  it  further  enacted,  that  in  cafe  of  the  death,  refufal  to  act,  or  removal  out  cf  the  county  of  any  of  the 
commilfiouers,  the  court  <  f  the  county  are  hereby  empowered  to  appoint  fome  other  perfon  being  a  freeholder,  in  the 
place  ct  himfo  dying,  refuting  to  aft,  or  removing  ;  which  commiifieners  or  trultees  ihall  have  the  lame  power  and 
authority  as  it  they  had  been  appointed  by  this  ad. . 

Cha».    XXXI.  Anaclfor  building  a  court  l.tufe  in  the  town  of  Wilmington,  j;r   the  diflritl  of  Wilmington,  and  to  em. 
ptwer  the  Jiflices  oj  New-  Hanover  ctunty  to  encreafe  the  county  tax. 

WH EH EAS  the  court  houfe  of  faid  diftrid  was  pulled  down  by  the.commiffioners-of7^/7m*Wfo»,  to  prevent   the 
(aid  town  from  being  deflroyed  by  fire,  and  it  is  neceiTary  that  a  new  one  (hould  be  creded.' 
!.   Be  it  therefore  enacled  by  the  General  Affemhly  of  the  State  of  North-Carolina,  audit  is  hereby  enaBcd  by  the  out  '•> 
rityofihejame,  that  William  Campbell,  James  Walker,  Robert  Nixon,  Thomas  Owens,  Duncan  Stewart    William  Efty 
Ion!  George  Weafe,  James  GMe/ple,   Shadrach  Stallings,  Robert  W.  Snead,  and  John  Spicer,    Efquires   be    appointed 
commiihonersfcr  building  and  finifh'ag  a  good  diffident  diftricl  coon  houfe  in  the  faid  town  ;  and  the  (aid  commitliou- 
ers  are  required  to  have  the  lame  built  of  brick  and  covered  with  (late  or  tile,  of  the  famedimeafions  and  on   the 
fame  fpot  as  the  iormer  court  houle  flood,  or  fo  near  thereto  as  an  oval  form  may  admit  ;   aid  the   commillioner?  are 
further  required  ro  build  the  faid  court  houle  of  an  oval  elliptical  form  on  arches  of  a  height  Iufficient  to  admit  of  a 
convenient  walk  underneath,  which  fpace  (hall  be  appropriated  (or  no  other  ufe  or  purpol'e  whatever  •  and  Ihould  any 
perfon  ottend  agamlt  this  ad  by  expofing  to  fale  therein  any  fill,,  flefn  or  other  article  ufually  carried  to  market  for  0-- 
pen  lale,  he  or  ihe  Ihall  torieit  and  pay  for  each  offtr.ee  five  pounds,  to  be  recovered  before  any  junldidion   having 
co^n.iancs  ibereoTj  for  the  ufe  of  tie  perfon  informing  and  fining  ibr  Uie  fame. 

9  3 


2^ 

II.  And  be  it  further  enacled,  that  the  cornmilTtoners before  mentioned  fl.a'l  hav  m;ft« 

Jy  required,  as  loan  as  may  be,  to  call  to  account  the  tomiiuffiorxrs  formerly  app   ii  .     ..    .      .:  b'y    for   trie 

purpofe  of  building  a  gaol  for  the.  faid  diftricl,  for ^11  monies- materials  tor  buiidi    :,  -:--         d       eyre- 

main  or  of  right  ought  lobe  in  their  hands  ;  and  in. cafe  the  laid  gaol  com i  r   neglect    to  pay  up  [he 

money,  and  deliver  the  faid  materials  and  articles  above  mentioned,  <?n  01  lirft   day  oi.T.rr.rxr,   ihen   it 

fhall  a:d  may  be  lawful  for  the  court  houfe  co>nmiliioners  herein  appointed,  a. id  they  <r,-e  hereby  directed,  to  pray 
for  a  judgment  in  tlie  former  court  of  law  and  equity  for  the  diftricl  oi  Wilmington^  at  the  term  next  enfuing  the  pic- 
fent  December  term,  and  to  enter  up  the  fame  without  further  delay.. 

ill.  And  be  it  further  enacled  by  the  authority  afore/aid,  that  a  tax  of  t  wo  (hillings  and  four  pence  en  every  hundred 
pounds  value  of  town  property  in  the  county  of  New  Hanover,  and  a  tax  of  tvs  o  thillia'gs  and  four  pence  on  each  poll, 
and  a  tax  c.f  nine  pence  on  every  hundred  acres  of  land  in  the  faid  county  ;  and  that  a  tax  of  one  milling  on  every 
hundred  pounds  value  of  town  propertyin  the  counties  of  Brunjwkk  Bladen,  Duplin  and  Gifyw,  and  a  tax  of  one 
milling  on  each  poll,  and  a  tax  of  four  pence  on  every  hundred  acres  of  land  in  the  faid  counties,  flir.il  he  levied  aftiji 
collected  in  the  lame  manner,  and  under  the  fame  penalties  as  the  public  taxes  are,  and  fhall  in  like  manner  be  paid 
to  the  commillioners,  or  to  their  order,  under  the  fame  pains  and  penalties  for  nonpayment  as  may  be  had  for  the 
non  payment  of  public  taxes,  and  the  fame  recoveries  arc  hereby  granted  to  the  coxnruiihonefs  agakill  collectors  of  the 
cliltnct  tax,  as  are  had  againft  the  collectors  of  public  tJxes. 

IV.  And  for  the  better  fecurity  of  the  wionies  when  collected,  We  It  enacled by the  authority  afcfefai.f,  that  t  he  laid 
commillioners,  or  a  majority  of  i hem,  flull  appoint  a  trea/urer  to  receive  the  i'ame,  who  Iliad  enter  into  bond  with 
the  penalty  of  three  thouland  pounds,  payable  to  the  faid  commiffioners,  conditioned  that  he  w,  11  when  thereto  re- 
quired pay  to  the  order  of  the  faid  conimi/iioners,  all  foch  lams  of  money  which  he  /lull  receive  for  their  sis  under 
this  act,  after  deducting  five  per  cent,  for  his  trouble  in  receiving  and  paying  the  (ante  ;  which  bond  (hall  be  lodged 
in  thee/dice  of  the  clerk  of  the  fuperipr  court  of  Wilmington  diftricc  ;  and  the  aforefaid  commiflioner*,  or  a  majority 
of  them,  which  majority  fhall  ccriftitute  a  lufiicien:  board  for  performing  any  bofinsis  by  this  ad  required.,  dull  begin 
to  erect  the  before  mentioned  court  home  as  foon  as  they  have  received  the  turn  of  ive  hundred  pounds  by   virtue  of 

ibis  act. 

V.  And  be  it  further  enatled  hy  the  authority  cforefuid,  that  hereafter  the  Judices  of  the  county  court  oi  New-Hanfr 
aier  Iliall  have  liberty,  at  their  discretion,  toraiie  the  tax  for  the  contingent  charges  of  that  county  from  one  (hilling 
on  the  poll,  and  in  that  proportion  to  tvo  /hillings  on  the  poll,  and  in  thai  proportion,  whenever  a  majorty  of  liie  ac- 
ting Juttices  of  the  faid  county  of  New  Hanover  flull  deem  the  fame  uecerSary. 


Chap.  XXXII.  An  ac7tc  make Crofa-crftek  navigable. 

WHEREAS  it  has  been  made  appeal  to  this  AHembly,  that  the  navigation  of  Grfs-cveek  would  be  of  public  uti- 
lity :  . 
I.  Beit  enacled  by  the  Genet  til  A/fembly  of  North  Carolina,  and  it  is  c:i.iz7<d,  hy  the  authwiiy  of  the  fame,  that 
James  Hogg,  William  Barry  Grove,  jarr.es  Grofs,  James  Porttrfield,  Richard.  Cocht an,  Peter  Perry,  Robert  Adam, 
Robert  Rowan,  John  Ingram,  Gabriel  Debrutz,  Walter  Alves,  John  Win/Ion,  Nathan  Stedman  *nd  lfauc  Buckloe,  and 
luch  others  as  have  been  or  fhall  be  admitted  into  their  company  for  the  purpofe  of  making  Croft-creek  navigable,  are 
hereby  declared  to  be  a  body  corporate,  bv  the  nam:  of  the  Fsyetttyille  Canmt  Cgmpant). 

II.  And  be  it  further  entitled,  by  the  authority  afore  faid,  that  the  faid  company  fhall  be  capable  tc  fue  and  be  fued 
before  any  jurifdiction  within  this  (late,  and  they  may  elect  and  appoint  all  neceffary  officers,  and  from  time  to  time 
make  fuch  rules,  regulations  and  bye-laws,  iur  the  management  and  conducting  oi  Utc  faid  navigation,  as  they  /lull 
think  proper  ;   provided',  they  (hail  not  be  repugnant  to  or  iucenfiitent  with  the  laws  and  conftitutipn  «f  thisitate. 

III.  And  be  it  fur tier  entitled,  bt. the  authority  af ore/aid,  that  the  faid  company  are  hereby  auihorifed  and  empower- 
ed  to  erecl;  luch  dasns  and  locks  on  and  acrofsthe  faid  creek,  as  may  be  needful  to  cbar  it  from  trees,  logs  and  other 
fuch  things  by  which  the  faid  navigation  might  be  obftructed,  to  widen  the  creek  where  neceflary.,  and  to  carry  on 
ail  other  works  on  the  faid  creek  and  banks  thereof,  as  may  he  found  neceflary  for  compleating  and  prelerving  the 
faid  navigation,  and  to  have  the  privilege  of  a  way  on  each  fids  the /aid  canal,  not  exceeding  eight  feet  wide,  for 
men  or  horfes,  as  far  as  may  be  neceflary  for  hauling  boats  or  rafts  along  faid  creek  :  Provided  always,  no  lands  fhall 
b-'  taken  from  the  proprietors  of  lands  on  the  faid  creek,  fave  for  the  purpofe  of  hcufes  for  the  lock-keepers  and  'per- 
loni  appointed  to  receive  toll,  except  as  herein  before  recited. 

IV.  And  be  it  further  enacled,  that  it  fh  all  and  nuy  be  lawful  for  the  faid  company,  their  heirs  and  affigne,  to  ex. 
aft  and  lew  by  v/ay  of  toll  on  all  boats,  rafts,  goods  or  articles  whatever,  that  fhall  pafs  or  be  carried  on  or  through 
lhe  faid  navioable  creek,  fuch  funis  or  rates  as  may  hereafter  be  eflablifhed  by  law. 

V.  And  be  it  further  enabled  by  the  authority  aforef aid,  that  the  property  of  the  faid  works  and  navigation,  includ- 
ing all  the  rights,  privileges  and  immunities  hereby  granted,  with  all  the  profits  that  may  arife  therefrom,  are  here- 
by veiled  in  the  faid  company,  their  heirs  and  afligns,  forever,  as  tenants  in  common,  in  proportion  to  their  relpecl:- 

ive  ihares. 

VI.  Provided  nevertbelefs,  th.it  all  damages  occafioned  by  the  works  neceflary  for  the  faid  navigation,  fhall  be  va« 
lued  by  a  jury  to  be  appointed  by  the  county  court  of  Cumberland,  or  in  the  option  of  the  party  whole  property  is  in- 
jured by  a  jury  mutually  cholen  by  both  parties,  each  of  which  jury  lhall  take  the  following  oath  i 


I  A.  B.  do  /wear,  that  T-will  faithfully  an  1  'fuly  valu?  what  damage  cr  Injury  hath  fuila'nri  by  req/an 

cf  the -works*/ the  .  v,  (iricl  regard  being  hadta  the  title  a)  the  property  b-fire  the  faffing  of  this  lav:. 

And  the  vaiu;  lo  .  1  faid  jury,   flialj  be  paid  by  the  faid  eompany  to  the  proprietor  of  the   land    cr   other 

property  fajdaraaged.     Provided}  mat  it  (hall  not  be  lawful  for  any  proprietor  to  aft  as  a  Juflice  at  the   appointment 
of  iuch  jury. 

VII.  find  he  it  further  enacled,  that  unlefs  the  faid  navigation  fiiall  be  rendered   ufeful   withh  the   term   of  three 
yca.s  from  the  paiii..g  of  this  act,  the  privileges  hereby  granted  Ihall  be  void. 

Cha?.  XXXIII.  An    ail  for  the  infpeclkn    cf  tobacco   on   Dan  river,    en  the   land  of  Thomas  flarrif in  in  Calvvcll 

county. 

W'  HERE  AS  a  number  of  inhabitants  of  the  county  of  CafweJl  has  petitioned  this  General  Aifembly  for  an  inflec- 
tion of  tobacco  to  be  eiiabldhed  on  Dan  river  : 
I.  Be  it  therefore  enacled  by  the  General  Affernbly  of  the  flat;  of  North-Carolina,  and  it  is  hereby  enacled  by  the  au. 
tbority  of  the  fame,  that  the  county  court  of  Caj-wel!  /hall  appoint  two  difcreet  and  careful  men,  we'll  acquainted  with 
the  nature  cf  tobacco,  to  be  infpectors  thereof,  who  fhall  take  the  fame  oath,  and  be  (ubject  to  the  ;ame  ru!f»,  regu- 
lations and  reilrictions,  and  (hall  be  entitled  to  the  fame  fees,  emoluments  and  immunities,  as  the  infpe&ors  of  lobac- 
coat  E at  on1 s  ferry  are  entitled  to  by  anaftpafled  thisprefent  feflion  ot  Affernbly. 


Chap.  XXXIV.  An  ccl  forveflirg  the  property  of  certain,  negroes  in  the  heirs  o/'Mark  Newby. 
^TfTHEF.EAS  it  is  the  eirnefi  requeft  efEzekial  Auington,  who  intermarried  with  one  of  the  heirs  of  Mark  Newby 
"  *      late  of  Perquimans  county,  that  the  property  of  certain  negroes  emancipated  by  the  faid  Mark  Newby,    in    his 
lifetime,   may  by  an  acl:  ot  this  Afietnbly  be  vefted  in  the  heirs  of  the  laid  Mark  Newby  : 

J.  Be  it  enaBei.  by  the  Ceneicl  Affembh  of  the  State  of  North-Carolina,  and  it  is  hereby  enacled,  by  the  authority  af 
the  fame,  thn  the  Heirs  of  the  faid  Mark  Newby  fla'all  have  full  power  and  authority  to  hold  and  poffefs,  fell  and  "dif- 
pole  of,  fue  for  and  recover  the  laid  negroes,  in  the  fame  manner  as  they  may  any  other  part  or  parcel  of  their  pro- 
perty ;  and  finally,  that  the  right  to  the  (aid  negroe:  (hill  veil  and  continue  in  the  heirs  of  the  faid  Mark  Newby,  as 
fully  and  completely,  as  if  no  fuch  emancipation Tiad  ever-  taken  place;  any  law,  ula.ge  or  cuftom  to  the  contrary 
-notwithstanding. 

Chap.  XXXV.   An  acl  to  eflablifh  the  titles  of J  ever  alt  rafts  pj 'lands  in  Simon,    David,  William,  Jonathan  and  Polly 

Turner. 

WHEREAS  it  appears  to  this  General  Afiembly  that  Simon  Turner,  Iste  of  Wake  county,  deceafed,  made  his 
laftjwilland  teltament  jn  writing,  bearing  date  the  ninth  day  of  April,  in  the  jear  one  thoufand  feven  hun- 
dred and  eighty  three,  and  afterwards  died,  that  is  to  fay,  on  or  about  the  tenth  day  of  the  fame  month,  by  which 
laid  will  the  laid  Simon devifed  feveral  trsdsof  land  therein  mentioned  tohis  feveral  fons,  to  wit,  Simon  Turner  Da- 
~'.u  Turti:r,  William  Tnrner,  Jonathan  Turner,  and  his  daughter  Folly  Turner  refcztlivelj,  as  by  the  faid  will  may 
mote  fully  appear  :  and  whereas  it  is  doubtful  from  ths  'vords  of  the  faid  will,  whether  the  tcftator  intended  to  give 
hit  faid  fons  and  daughter  fee  fimple  effater  or  only  life  eftates  in  faid  lands,  but  it  appearing  from  the  affidavit  of  Jl'il. 
Jiam  Holland,  who  v.  role  the  faid  will,  that  i:  wps  the  intention  of  the  teftitor  to  give  his  faid  fons  and  daughter  full 
and  abfolute  eftates  in  fee-Simple  in  tin  feveral  tracts  of  land  to  '.hem  deTifeda:  aforefaid,  and  that  the  omiijion  of  the 
croper  words  of  inheritance  in  the  f?id  will,  vv  as  entirely  owing  to  the  hurry  ia  which  the  laid  will  was  obliged  to 
be  written  ;  and  it  alio  appears  to  thisAffembly  thr.t  John  Turner,  late  of  the  faid  county  of  Cumberland,  who  was  ths 
eld'.ft  fon  and  heir  at  law  of  the  laid  Simon  Turner,  deceafed,  was  fully  convinced  of  the  truth  of  hii  laid  father's  inten- 
tions to  give  his  laid  fons  and  daughter  efti'es  in  fee  in  the  laid  Ir.nds  as  aforefaid  : 

I.  Be  it  therefore  enacted,  that  the  feveral  traces  of  land  devifed  to  the  faid  Simon  Turner,  David  Turner,  William 
Turner,  Jonathan  Turner  and  Polly  Tvrner,  by  the  faid ; Simon  Turner,  deceafed,  as  afcrefsid,  be  veiled  in  the  faid  Si- 
mon,  David,  William,  Jonathan  and  Polly  lefpedtively,  their  heirs  and  afligns,  forever,  in  as  full  ,.nd  abfolute  manner 
as  if  the  faid  deceafed  had  by  his  faid  will  devifed  faid  lands  to  the  faid  Simon,  David,  William,  Jonathan  and  Polly  ret- 
pectively,  and  their  heirs  and  afiigns,  forever. 


Chap.  XXXVI.  An  afl  for  the  relief  of  Thomas  Ridge. 

WHEREAS  it  is  reprefented  to  this  Genera!  Affernbly  that  Thomas  Ridge,  of  Surry  ccunty,    hath   been    charged 
with  hcufe  burning  in  the  courf  e  cf  the  late  war  ;  and  as  it  appears  that  the  faid  Thomas  Ridge  proceeded  in  the 
matter  charged  sgainfi:  him  agreeable  to  the  command  of  his  officers, 

I.  Be  it  enacled  bv  the  General  Affernbly  of  the  flate  o/North-Caro:in3,  and  it  is  hereby  enacled  by  the  authority  of  the 
fame,  that  the  laid  1  harms  Ridge  be  pardoned  and  clearly  exonerated  from  the  charge  aforefaid,  any  law  to  the  coi* 
■trary  notwithstanding. 


84® 

Chap.  XXXVII.   An  act  to  clUr  the  names fceria'.n  p°r fans  therein  tnehthwi. 

\iT7fJE,!iEAS  Benjanip  Wheal  ty-,  of  the  county  of  Martin,  has  by  petiucn  requeued  that  tne  names  of  Henry,  Ma~ 
V  m,LydiazaA  Benjamin  l\  bits,  children  of  Elizabeth  VaWju,  ihould  be  altered,  and  that  they  fhouJd  hencefor- 
ward be  known  by  the  names  of  Hem  v,  Mary,  l.ydii  and  b'c»ja  >:ir.  Wheat ly  :  ami  «  fee^eas  it  appears  that  the  (aid  Ben* 
jaminWhmtiy  is  the  reputed  father  of  the  (aid  Henry,  Mary,  Lyaia  and  Benjamin  Nobles,  and  having  no  lawful  ifltic  is 
delirous  of  leaving  to  them  the  property  he  pofieffes  : 

I.  Be  it  therefore  eroded  by  the  General  Affembly  of  the  Hate  of  North-Carolina,  and  it  is  hereby  enabled  by  the  author 
rity  if  the  fume,  that  henceforward  and  forever  hereafter,  the  faid  Henry,  Mary,  Lydia  and  Benjamin  Nobles,  fhall  be 
known  and  diftinguifhed  by  the  names  of  He.fri  Wheatly,  Mary  Wheatly,  lydia  IVheatly  and  Benjamin  Wheatly,  and  i>y 
thofe  names  fhall  have  right  to  inherit  and  claim  anv  eiiate,  either  ixal  or  perfb.ial,  which  may  be  deviled  to  them? 
or  either  of  them  by  the  faid  petitioner,  Benjamin  Wheatly,  in  usl'iail  and  ample  marner  as.  if  they  the  faid  Henry,  Ma- 
ry, Lydia  and  Benjamin  had  been  born  in  wedlock,  and  bad  been  from  tiietime  of  their  births  coulklered  as  the  legiti- 
mate children  ol  tne  laid  Benjamin  Whemtlty  and  Elizabeth  Nobles  ;  and  lhall  forever  be  placed  in  the  fame  lituation, 
and  be  conlidered  to  all  intents  and  purpofes  in  the  fame  point  of  view,  as  though  they  legally  defended  from  the  faid 
Benjamin  Wheattey  and  Elizabeth  Nobles,  and  had  been  bcrn  in  wedlock  as  aforefaid. 


Chap.  XXXVIII.  An  act  airecting  the  entry  taker  of 'Rutherford  aunty  to  deliver   certain  warrants  therein   mentioned. 

to  the  furveyoroffaid  county. 

WHEREAS  ithathbeen  made  appear  to  the  latisfjdt  ion  of  this  General  AfTenibly,  that  David  Miller,  entry-ta^er 
ot  Rutherford  county,  was  directed  by  a  refolve  of  the  lalt  General  Affembly  to  iffue  n«w  wan  ants  in  place  of 
numbers  that  had  bees  defaced  by  the  lurveyor  ot  faid  county,  and  hid  Miller  refilling  to  comply  with  faid  refolui ion 
is  much  to  the  injury  of  a  number  of  the  inhabitants  of  laid  county  :   lor  remedy  whereof, 

I.  Be  it  enacted  by  the  General \  Affembly  of the  fate  of  North- Carolina,  and  it  is  hereby  er.m-trd  by  the  authority  of  the 
fame,  that  David  Miller,  entry-taker  of  Rutherford  county,  fhall  before  tiie  firlt  day  of  March  next  deliver  to  the  lur- 
veyor of  laid  county,  a  new  warrant  in  place  of  each  warrant  which  lias  been  or  may  be  returned  defaced  by  the  fur- 
vcyor  of  laid  county,  or  by  the  fecretary  of  ftate,  previous  to  the  fiiit  day  of  March  next,  under  the  penalty  of  fifty 
pounds  for  neglect  or  refufal  on  each  warrant,  to  be  recovered  Ueiore  any  jurrniction  having  cognizance  thereof,  ono 
half  to  be  applied  to  the  benefit  of  the  poor  of  the  county,  and  the  other  to  the  ule  of  the  itate,  and  lhall  further  be  li- 
ab!«  to  a  ipecial  action  on  the  cafe  for  whatsoever  damages  any  perlbn  may  fuftain  by  neglect  or  relulal  to  comply 
with  this  adh  Provided  neverthelefs ,  that  a  demand  be  made  upon  faid  entry-taker  for  a  renewal  of  iuch  defaced, 
warrants  previous  to  the  time  fpecified  in  the  above  act. 

V.  And  be  it  further  ennclerf,  that  the  entry-taker  aforefaid  (lull  be  entitled  to  demand  and  jeceive  from  the  lur- 
veyor the  fum  oi  two  fhillings  for  every  warrant  ifiuedin  conlequence  of  this  ad,  any  thing  to  the  contrary  not-with. 
ftandirg. 

Chap.  XXXIX.  An  ail  to  authtrife  the  ctmmiffioners  of  the  town  of  Edenron,  to  grant  doctor  Samuel  Dickinfon  a  c  er- 

tmin  water  lot  m  the  faid  t-jwn. 

WHEREAS  it  is  represented  to  this  General  Allembly  that  doctor  Samuel  Dickinfon,  of  the  town  of  Edenton,  is 
delirous  of  compleating  a  wharf  in  the  faid  town  for  the  public  benefit  alone  .- 
I.  Be  it  therefore  enaeled by  the  General  Affembly  oi  the  State  of  North-Carolina,  audit  is  hereby  enaiTed  by  the  au. 
ihirity  cf  the  fame,  that  the  commiflioners  of  the  town  ot  Edenton  to  grant  unto  the  laid  Samuel  Dickinfon,  and  his 
heirs  and  afligns,  forever,  a  deed  in  fee  fimple  of  part  of  a  certain  water  lot  in  the  faid  town,  containing  tliree  hun- 
dred and  forty  feet  in  length  and  thirty  feet  in  breadth,  lying  contiguous  and  adjacent  to  the  wat»r  lot  and  wharf  at 
piel'ent  pollened  by  the  laid  Samuel  Dickinfon,  and  bounded  by  the  laid  lot  and   wharf  and  by    the  ftreets  cammonly 

known  and  called  by  the  name  of  the  Market  and  Water- ftreets,  under  the  fcllowing  provifoss  and   reftrietions  : 

Firlf,  that  the  faid  water  Jet  and  wharf  thereon  to  be  built  by  tne  faid  Samuel  Dickinfon,  lhall  be  free  to  all  perlons, 
and  exempt  from  all  wharfage  and  duty  whatever. — Second,  that  the  faid  Samuel  Dickinfon  lhall  complete  the  fame 
V-itfun  the  (pace  of  five  years,  and  thereafter  to  keep  the  fameingaod  repair,  otherwie  the  grant  of  die  com  million. 
ers  to  be  invalid  and  of  no  effect. — And  Third,  that  the  faid  wharf,  when  built  anj  couipleated,  fhall  b«  fubject  to  th» 
bye-laws  and  regulations  ot  the  rorvniifiianers  of  the  faid  town. 

Chap-  XL.  s.nacl  to  amend  an  a£l  paffedat  Favetteville,  in  the  year  tne  thoufand  feven  hundred  and  eighty  eight,  enti. 
tied,  an  adt  to  authorise  and  enable  film  Cvlfon  to  return  to  this  itate  and  exercife  the  privileges  ihereui  mention- 
ed.   See  the  appendix. 

W' HERE  AS  it  ha',  been  made  appear  to  this  General  Affembly,  that  the  laid  John  Colfon  has  in  obedience   to  the 
above  recited  act  taken  the  oath  of  allegiance  and  fidelity  to  this  ftate  as  by  law  piel'cribed,  of  which  there  is 
«  record  in  the  Clerk's  office  of  the  county  court  of  Anfon. 

I.  Be  it  enueied  by  the  General  Affembly  of  th;  fate  of  North  Carolina,  and  it  is   hereby  enaSted  by   the  authority  of 
Ihefame,  that  from  and  after  the  nailing  ot  this  aft,  itihaU  and  may  bs  lawful  for  the   laid  John  Colfon  to  tut  ox   be 


241 

feed,  i-nplead  and  be  impleaded,  anTwer  or  be  anfwered,  in  any  court  of  record  either  in  law  or  equity  in  thie  ftatp, 
for  all  and  lingular  eiiate,  either  real  or  perfonal,  in  any  manner  whatsoever,  in  as  full,  fair,  plain  and  ample  a 
manner,  to  all  intents  and  purpoles,  as  if  the  (aid  John  Colfon  had  not  withdrawn  himlell  from  the  protection  of  this 
itate,  any  law,  cullon  or  ul'age  to  the  contrary  notwithstanding  ■  Provided,  that  nothing  herein  contained  fhall  be 
confirmed  to  invalidate  the  Giles  of  any  lands  or  other  property,  that  have  been  er  hereafter  may  be  fold  under  any  of 
the  confifcation  laws  of  this  Hate,  late  the  property  of  the  laid  John  Colfon. 

C.KMP.  XLT.  An  aS  frmokir.g  conformable  to  the  plan,  the  fecond  conrfes  of a  tracl  <f  hnd  lying  in  Jones  county  for. 
msriy  Craven,  granted  by  patent  to.  John  Richard*-,  bearing  date  the  twerty  fourth  dav  rf November,  in  the  year  tne 
thoufnnd  feven  hundred  and  th'rty-eight,  containing  three  hundred  acres  lying  on  both  fides  of  Trent  river. 

WHEPiEAS  it  appears  from  the  plan  of  the  fnrvey  of  the  aforeiaid  tract  of  land  granted   t»  John  Richards,    that 
the  furvevor  through  miftaLe  hath  inferted  in  the  certificate,  in  the  fecond  line,  a  wrong  courie,  whereby  part 
of  the  land  intended  to  be  granted  is  left  otuof  she  patent  : 

I.  Be  it  therefore  enaSed,  by  the  General  rfffembly  of  the  State  o/Worrh'Carolinri,  audit  is  hereby  er.acledby  the  an- 
thority  of  the  fame,  that  from  and  after  the  palling  of  this  act,  the  cour'es  of  the  aforeiaid  tract  of  land  Ihall  be  as  fol- 
lows, to  wit,  beginning  at  a  pine,  the  original  corner,  on  the  louth  fide  of  Trent  river,  from  thence  louth  thirty 
eail  two  hundred  and  forty  pole3,  then  north  lixtv  eaft  one  hundred  and  eighty  poles,  then  north  thirty  weir  two  hun- 
dred and  forty  pole;,  then  fbuth  Gxty  e.ilf  one  hundred  »nd  eighry  pdes  to  the  beginning  ;  and  that  all  the  land  ccn- 
taiued  within  the  aforefaid  lines,   he  veiled  iri  the  aforefaid  John  Richards,  his  heirs  and  aliigr.s,  forever. 

II.  And  be  it  further  enalled  by  the  authority  aforeiaid,  that  all  perl'ons  claiming  by,  from  or  undsr  the  laid  John 
Richards,  by  gift,  deed,  pnrcnnfe  cr  otherwife,  are  veiled  w  it):  an  ablblute  rifcht  in  fee-fimple  to  thclar.d3  purchofeel 
as  aforefaid  :  Provided,  that  this  ac>  fhall  not  be  conlfrued  or  pleaded  fo  as  to  a2e<£tany  right  derived  otherwife  than 
claiming  by  or  under  the  laid  John  Ric hards. 

Cmai\  XLII.  An  ad  to  amend  an  atl,  paffed  at  Kiil'borough,  in  April,  one  thoufand 'feven.  hundred  and  eighty  four, 
entitled,  An  act  to  encourage  Enoch  Sawyer  to  make  a  road  through,  Pafquotank  river  iwamp  eppi  fits  his  plantati- 
on, p.  139. 

WliE.lEAS  it  is  required  bv  the  above  recited  aft  that  the  road  or    caufeway    through   Pafquotank   river    fwamp 
lhall  be  at  le3tt  twenty  feer  wide,  which  would  add  greatly  to  the  expence  of  making  laid  road,    and    is    more 
than  would  be  necefi'ary  or  uleful  :  for  remedy  whereof, 

I.  Be  it  enadtd  by  the  General  Affembly  of  the  flute  of  North-Carolina,  and  it  is  hereby  enaclcd  by  the  at/tker'ttv  of  the 
fme,  that  lixtcen  feet  in  breadth,  and  otherwife  aclwering  the  defcription  of  the  faid  act,  fhall  be  deemed  and  hglcl 
t  good  and  fufhVent  road. 

lit  And  be  it  further  enacted,  by  the  authority  aforefaid,  that  when  th«  faid  road  fhall  be  finifhed,  the  court  ef  Cam- 
den county,  upon  a  petition  oftha  faid  Enoch  Savjyer,  fhall  rste  the  lerriage  or  ferriages  wliich  he  may  be  entitled 'ta 
receive  :  Provided,  that  •  majority  of  all  rh«  Jufticei  of  the  faid  county  (ball  then  be  prefent. 

III.  And  be  it  further,  enaclcd,  by  the  authority  aforefaid,  that  fo  much  of  the  aforefaid  act. as  comes  in  the  purview 
and  meaning  of  this  act,  is  hereby  repealed  and  made  void.. 

Chap.  XLI1I.  An  cil  to  eflnblifb  the  tobacco  ware'-houfe  now  building  by  Jamee  Ritchie  and  John  Window,  at  Fayette, 
ville,  and  to  empower  the  county  court  to  appoint  infpeclors  to  thefume. 

WHEREAS  the  encrealed  quantity  of  tobacco  now  brought  to  the  market  of  Fayettevilte  will  render  an  additional 
ware  houfe  of  public  utility,  and  whereas  James  Ritchie  and  John  IV'wflow  have  in  confiderable  forwardness  one 
for  that  purpofe  & 

I.  Beit  therefore  enxcled by  the  General  Affembly  cf  the  flate  of  North-Carolina,  and  it  is  f.ereby  cnncledby  the  autbo. 
tity  rf  the  fame,  that  as  loon  as  the  faid  ware  houfe  is  compleated  for  the  rsception  of  tobacco,  it  fhall  and  may  be 
lawful  for  the  ceunty  court  of  Cumberland,  and  it  is  hereby  atithorifed  and  directed  to  appoint  two  infractors  to  the 
faid  ware  houfe,  fubjeit  to  the  lams  regulations,  fines  and  forfeitures,  and  entitled  to  the  fame  privileges  ajid  emo- 
luments as  inlpectors  heretofore  appointed.  Provided,  that  the  inlpectors  to  be  appointed  by  virtue  of  this  act 
Jhall  not  be  the  lame  as  thofe  appointed  to  other  ware  houfes  in  faid  tow«. 

II.  And  he  it  further  enabled,  *y  the  authority  aforefaid,  that  it  lhall  and  may  be  lawful  for  the  laid  James  Ritchie 
and  John  IVinflrsi  to  demand  and  receive  the  fame  fforage  on  tobacco  infpefted  in  their  ware-houfe  at  has  heretofore 
been*received  in  the  other  wara-inufes  eftabl'lhed  in  Faye  tteville. . 

III.  And  be  it  further  entc7:d,  that  no  preference  lhall  be  given  by  faid  court  to  any  eftablifhed  Tare  houfe  erectec! 
in   FflfftteviiU,  any  law,  ufage  or  cuftona  to  tht  eontrsry  noiwitkftanding. 


V-3 


242 

Chap.  XL1V.  An  eft  to  confirm  unto  Thomas  P^ol  Williams,  bf  Currituck  COW}  e  title  to  mieefh  of 

land  at  Bcilvillr,  in  Currituck  county* 
X  T  7  HERE  AS  Worn  as  Ml  Night,  lat*  of  .Cut-ritm  k  county*  did,caovey  'forr  eai  ,  ifl  to  feverai  "f  ruftees  appointed 
v  V  by  law,  two  acret  of  land  fituated  in  faici  county,  for  ;be  pur]  f  of  >  sc  ig  i  chape!  ;  and  it  is  made  appear 
to  this  Genersl  Aflcmbly  thst  the  find  two  acres  of  lane!  are  not  fufttusted  a  i  •  anlwer  ihe  purpbfe  intend*  d  :  and 
v-lierfas  the  faid  Thomas  Pal Wrlllems,  of  the  Arid  county,  now  offers  to  the  trufti  fcs  appointed  by  an  aft,  entiried, 
■Anafifor  ire  prano.'ior.  of tSttVfing  in  the  county  ef  Currituck*,  pa  Jed  at  the  hit  General  Afierahly,,  to  convey  two 
acres  of  land,  for  the  pnrpofe  of  erecting  ■  chapel  and  a  iemir.ary  of  learning  thereon,  in  a  more  commodious  and 
convenient  place,  in  lieu  of  the  tv.o  granted  by  the  laid  Thomas  jW  Night  ; 

I.  Be  it  enabled  by  the  Gtncrtl  //ffimbly  of the  fine  of  North  Carolina,  mid  it  is  hereby  tr.cblei  by  the  authority  cf  the 
fame,  that  the  afore  f?  id  two  acres  of  land  granted  by  Thttrmj  M'Nighti  are  hereby  veffedin  the  faid  Thomas  Pool  I'/il- 
liuins,  his  heirs  and  afligns,  forever  ;  any  law  to  the  contrary  notwilhftandirig  -.Provided,  that  this  ait  (hall  not  be  in 
force  until  the  above  named,  Thomas  Pool Williams,  bis  heir;  cr  alfigns,  fhall  make  a  good  and  fufficient  title  for  the 
laid  two  acres  of  land  to  the  ti  ullees  of  Currituck  academy.    "p.  223. 


Chap.  XLV.  An  acl  toveji  the  jroperty  of  eertain  lots  of ' Jasd Jitutfci ik  thfiivia  of  Tarborough,    in  Edmund  Hall 

and  his  heirs. 

WHEREAS  it  appears  to  this  General  Afletnbly  juft  rml  reafcnsblff,  tfcat  t'-.e  proprty  of  twe  lots  of  land  fnuit- 
ed  in  the  town  of  Tar&arough,  a;: 4  kne.vn  anil  difiinguifhed  in  the  plan  of  the  faid  town  by  the  numbers  ninety. 
five  and  ninety,  eight,  fhould  veft  i»  Edmund  Hall  and  his  beir*. 

I.  He  it  therefore  enabled  b-j  the  General  Affembly  of  the  fiats  of  Nor tH- Carolina,  and  it  is  hereby  enatlei  by  the  ait. 
tbority  of  the  fame,  that  the  property,  right  and  lit!':  of  and  (o  the  faid  tvo  loti  of  and  lituated  and  known  as  afore- 
f aid,  fhall  veil  fully,  abfo!utc!y  and  completely  in  tks  laid  Edmund  Hall,  and  hi.  heirs  ;  and  he  is  hereby  declared  to 
have  full  power  and  authority  to  poflefs,  enjoy  and  difpafe  of  th^  faid  two  loss  as  to  him  may  feem  meet  coniiftently 
■with  the  laws  ot  the  land,  any  larv  to  the  contrary  notwithirandin  ?. 


Chap.  XLVI.  An  ad  to  repeal  th  fifth  "ndfixthfetJiinr  of  tt  *„?,  faffed  r.t  Miilfoorou^h,  in  the  year  one  ikoufand  fe. 
ven  bum dred  mnd  eighty  four,  entitled,  An  act  to  amend  and  act,  entitled,  An  til  for  the  regulithn  of  the  town  of 
Wilmington,  p.  23-  &  132. 

WHEREAS  it  is  represented  to  this  Gener?l  Aflembiy,  thai  tha  fr:d  fifth  and  fixth  lections  of  the  above  recited 
acl;  are  inconvenient  and  injurious  to  the  people  for  whole  advantage  they  wete  intended  : 
I.  Be  it  there/ere  enabled  by  the  Central  Affembly  ot  ihe  State  of  North-Carolina,  und  it  is  hereby    enabled  by   then, 
lltrity  of  the  fame,  that  from  and  after  the  palling  ot  this  ad,  the  laid  fifth  andfixth  lections  of  the  above  recited    act 
Lt  it-pealed,  and  ihey  accordingly  are  declared  void. 

Chap.  XLVII.  An  all  to  efiablifi?  two  places  in  the  county  of Caftfell  for  the   purpofe    of  holding  two  general  mujters 

the)  ein. 

WHEREAS  from  the  length  of  the  county  of  Cc/veell,  and  the  many  water  courfes  therein,    it  has   been   found 
by  experience  expeniive,  inconvenient,  and  in  times   of  high  waters,    dangerous   to  attend  general   muf. 
;ters :  . 

I.  Be  it  therefore  enabled  by  the  General  Affembly  of  the  date  o/North-Carolina,  and  it  is  hereby  enabled  by  the  autht- 
rity  cfthejame,  that  from  and  after  the  paffingrt  this  act  the  county  of  Ca/well  fhall  be  divided  into  cliftrids,  the  eaf. 
■icrudiflrid  lhall  confifr.  of  the  companies  belonging  to  the  ddtrids  of  fcaint  Lawrence,  Nafij,  Saint  James  ard  Saint 
Luke  ;  and  the  weftcrn  diftrict  fha!l  coniift  of  the  companies  belonging  to  the  diltrids  of  Richmond,  Gloucefler,  Saint 
David  and  Cmf*ell ;  that  the  place  for  holding  the  genera!  muftcr  for  the  eaftern  dilirid,  lhall  he  at  the  houfe  of  John 
Payne;  that  the  place  for  holding  the  gcner?l  muiter  for  the  weftem  diflrid,  lhall  he  at  the  place  where  the  icur 
<liitricts  meet  :  the  militia  of  the  »rho!s  county,  theeatternas  well  as  the  weftern  diftrid,  fhall  neverthelefs  each 
Jiold  their  general  muftei  in  the  relpective  diitrich  and  places,  agreeably  to  the  directions  of  the  ad  for  eltablilhing  a 
inilitia  in  this  Hate. 

II.  And  be  it  further  enatied,  that  the  colonef  or  commanding  officer  of  f<iid  county  is  hereby  directed  and  required 
tchave  the  inhabitants  warned  to  attend,  accoutred  as  ufual,  at  the  two  aforementioned  places  refpedively  :  snd  it 
i9  hereby  further  required,  that  the  colonel  or  commanding  officer  of  faid  county  fhall  attend  at  either  of  the  mullets 
heretofore  mentioned,  to  review  the  fame  under  cxerciles,  and  that  he  appoint  or  dired  the  lieutenant  colonel,  ma. 
jor  or  other  officer  next  in  command,  as  the  cafe  may  be,  to  give  attendance  at  the  n.ulter  of  the  other  dif-rid  in  faid 
county,  for  the  purpole  of  difciplining  the  nca. 

III.  Ar.d  be  it  further  enabled,  that  the  place  for  holding  cr.urt*  martial  for  the  faid  county  fhall  be  at  the  courc 
houle  as  ufual,  and  delinquents  lhall  appear  from  each  diflrid  aforementioned,  in  order  lor  trial. 


fi43 

C.HAP.  XLI    .  fboi    u  h,   w. / /;<•  year  t   our  hi  A  $r.e  thousand  fven  hundnd  dtii 

■  t.  ding  'i!e  navigation  oi  Roanoke  river.  />.  122. 

WHEREAS   ;...   y  •  >'  I  |i  the  above  tecited  aft,  for  ex. ei  ding   tlie  navigation  of 

Roanoke] ?ivei  1  ave  rcluied  and   neglected    to  perform  ;he  duties  required  ot    them  by 

the   ibo    !  •    ■       I  act::  far  remedy.' 

I.  Be  it  6naS  -■ '  ■  \i  1  <e  1  -  r*  ly  of  the  ftate  of  NortlvCaro'ina,  amd  it  ist  hereby  enadt'ed  by  the  authority  of  the 
fatyf,  that  th? -folio  mgp  it,  Abfalam  Bofiici,  Lemuel '-Smith,  Harry  Tern/,  Valentine  Alien,  Rcb-rt Gal- 
Javay,  JVfilia  ,-  in,  ;  H  Leak  mtas Warr.ifon,  Dudley  Gatewntd,  Richard  Saunters,  Thomas  Perfgn,  Memucmn 
Haii,  Robert  Burton,  Thonas  Eaton,  James  Paine,  John  Mofetey,  JohnFaulcm,  Benjamin  JVilliamfon,  Benjamin  Ed- 
wards ami  Samuel- Lockkart,  ait-  nominated,  coi  it'mueci  and  appointed  trutfeetin  their  (lead  ;  and  they  and  each  of 
the  perfons  -:snicd  in  this  1  ft  as  trnitees,  are  hereby  vefted  with  every  power,  jurifdiclion  a»d  authority  which  were 
riven  to  the  trufrees  by  the  act  above  recited. 

II.  And  be  it  further  enabled,  by  the  authority  a  fore  faid,  that  the  truftees  refiding  in  any  county  through  wh:cb  the 
n'vtr  aforehiid  paftes,  fhall  fupeiintcnd  the  clearing  of  the  faid  river  lb  far  a*  it  lies  within  the  limits  of  tneir  refpect- 
iv;  counties. 

III.  And  be  it  further  enaihd  hy  the  authority  ajorefaidj  that  if  any  of  the  truftee*  herein  before  appointed  fhoulJ 
die,  refufe  to  act  or  remove  out  of  trie  county,  the  court  of  fuch  county  fhall  notnina  te  a=d  appoint  fome  difcreet  per- 
fon  or  perfons  in  the  place  and  itead  of  him  or  them  fo  refufiog  to  aft,  dying  or  removing  out  of  the  coantv  ;  which 
ptrfen  or  perfons  fo  appointed,  /hall  have  the  iame  powers  and  authorities,  and  be  under  the  fame  rules  aiid  regula, 
tjon?,  as  tlioie  appointed  by  this  aft. 

IV.  And  beit  jurther  eniclcd  by  the  authority  aforefaiJ,  that  lo  much  of  the  faid  before  recited  aft,  parted  at  Hillf. 
iorcvgh,  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  e'ghty-four,  entitled,  Anaclftr  extending  the  na- 
vigation of  Roanoke  river,  as  is  contrad  ctory  to  this  aft,  be  and  the  fame  is  hereby  repealed. 


Chip.  L.  An  atJ  U  eftablifh  an  inffeilion  cf  tobacco  at  tbeferrj  of  Thomas  Eaton  on  Roanoke. 

WHKPiEAS  it  any  be  beneficial  to  many  of  the  citizens  of  this  ftate,    that  an   inspection  of  tobacco  be   efta« 
bullied  in  Warren  county  on  the  north  fide  of  Roanoke  river,    at   the  place  where  Thomas  Eaton  lately  lir«, 
«d. 

I.  Be  it therefore  enaSsiby  the  General  Affemhh  of  the  Slate  o/Nort'i-Carohna,  and  it  is  hereby  enacled,  by  the  au- 
thority of  the  Came,  that  the  county  court  of  Werren  mall  annually  appoint  t<-'o  difcreet  and  careful  men,  well  ac* 
quaiuted  with  the  nature  and  quality  of  tobacco,  to  be  mfpeftors  thereof,  who  fliall  take  the  fame  oath  be  fubjeft  to 
the  fame  rules,  regulators  and  reilrictioni  which  inspectors  of  tcbacco  ?re  fubjeft  tc  in  this  ftate. 

II.  And  be  it  further  tnacled  by  the  authority  cfirefaiJ,  that  the  in'peftors  fo  appointed  fliall  have  and  receive  from 
the  owners  of  tobacco,  thelum  of  four /hillings  for  each  and  every  hothead,  rid  the  Aim  »f  one  Ihilling  for  each 
rxd  every  hundred  weight  of  transfer  tobacco  by  them  -nfpeited,  in  full  for  their  rro.ub'e. 

III.  And  be  it  further  enabled  by  the  authority  sfjor.ef.aid,  that  the  telweco  fo  infpefted,  Hull  be  held  and  deemed  nier? 
chantable,  as  if  the  iame  had  been  infpefted  at  any  other  infpectisn  in  this  ftate. 


ChapLII.  An  acl  granting  to  the  inhabitants  of Rowan  county,  living  between  the  north  and  fouth  forks  of  the    i'adkin 
river,  the  privilege  of  holding  frpar  ate  general  mufters. 

WHERE  AS  it  is  found  to  be  inconvenient  for  the  inhabitants  of  that  part  of  Rowkv  county   Ijing  between   the 
north  and  fouth  fork*  of  the  Yadkin  river,  to  attend  the  general  mufters  of  the  firft  battalion  of  the  militia  of 
faid  county,  which  are  held  in  the  town  of  Salifbury  .-  ■   , 

■  I.  Be  it  therefore  enabled  by  the  General  Affembly  of  the  St  'te  of  North-Carolina,  and  it  is  hereky  exatledby  the  autho- 
rity if  the  fane,  that  the  colonel  or  commanding  officer  of  the  firft  battalion  of  militia  in  the  faid  county  of  Rowan, 
fliall  order  and  caufe  a  mufter  of  the  companies  of  his  battalion  who  inhabit  between  thf  north  and  fouth  forks  cf  the 
Yadkin  river  to  be  held  at  the  houfe  of  Andrew  Mank,  on  the  day  preceding  every  treneral  mufter  of  the  faid  battalion 
in  the  town  of  Salt/bury  ;  and  the  laid  companies  who  belong  between  the  north  and  fouth  forks  of  the  Yadkin,  (hall 
appear  at  the  mufters  hereby  eftabliihed  at  Andrevj  Mcni's  aforefaid,  on  the  days  appointed  for  thatpurpofe,  and  be 
exercifed,  difciplined,  armed  and  accoutred,  in  tke  fame  manner,  and  under  the  fame  regulations,  and  fhall  be  fub- 
jeft  to  the  fame  pains  and  penalties,  fines  and  forfeitures,  for  difohedieace  or  neglect,  as  by  law  is  preicribed  for 
the  regulation  of  other  general  mufters  in  this  ftate  :  And  the  lieutenant  colonel  or  major  of  the  firft  battalion,  fliall 
attend  the  half  battalion  mufters  hereby  appointed,  at  the  hcufe  of  Andrew  Mank  aforefaid. 

II.  And  be  it  further  enabled,  that  the  captains  and  fubaltern  oflicers  of  the  faid  haif  battalion,  fliall  attend  the 
court- martial  of  the  firft  battalion  regularly,  on  the  days  next  alter  every  general  mufter  of  the  faid  banalion  in  the 
town  of  Salifbury,  under  the  fame  forfeitures  ana  penalties  for  nepleftor  refulal,  as  they  would  have  been  fubjeft 
to  in  cafe  this  law  had  never  been  made  ;  and  the  faid  wflkerj  of  the  half  battalion  aiorelaid  Jhall  compofe  part  of  th« 
Jaattalion  court  martial  as  heretofore. 


244 
Ch  ap.  LIII.  An  all  to  appoint  cornm'ffioners  to  dire  ft  and  efiablilh  a  g»p  or  flope  at  the  mill  dim  a/Samuel  High,  at  tin 

JaUs  of  Neufe jnver,  in  Wake  county,  and  ti  repeal  Co  much  of  an  art,  pjffld  at  Tarborough,  in  the  year  one  thoufand 

feven  hundred  and  eighty  feven,  as  comes  -within  the  purview  of  this  ad. 

WHEREAS  it  is, eprefenud  to  this  General  All'emb'.y,  that  Samutl High,  of  the  county  of  Wake,  hath   lately   e- 
rcfted  a  mill  at  the  falls  of  Neufe  river,  in  the  county  aforelaid,  which  is  found  to  b;  of   great  utility  to  tba* 
part  of  ;he  cjnntry  ;  and  as  it  may  in  foine  meafure  retard  the  paflage  of  fill:  from  that  place  op  the  laid  river  : 

I.  Be  it  therefore  enacled,  bv  the  General  /iffembiy  of  the  State  of  North  Carolina,  and  it  is  hereby  enacled'fy  the  a*tht~. 
tityofthtfame,  that  Dempfdy  Powell,  Francis  Perry,  William  Martin,  William  Symms  and  Peter  Bruce,  or  a  majority 
of  them,  be  and  they  are  hereby  authoriled  and  required,  to  c.i  jl'e  Inch  gap  or  flope  to  be  made  in  the  (aid  mill-dam. 
lot  Ms  than  tight  feet  in  width,  at  the  expence  of  the  preprietor  ther  eot,  as  may  to  them  appear  fuffi'cient  for  the 
free  paiFag:  of  filh,  to  be  completed  and  effected  on  or  before  the  twentieth  day  of  February ,_  cue  thoufand  ftven 
hundred  and  ninety  one  ;  which  laid  gap  or  flope  (hall  be  kept  open  from  the  faid  twentieth  day  of  February,  untjl 
the  firft  day  of  May  annually,  under  the  penalty  «f  five  pounds  for  eyery  twenty-four  hours  that  the  laid  flope  or  gap 
lliall  not  be  kept  open  by  the  laid  Samutl  High,  or  any  other  perfon  or  peifons  claiming  the  faid  mil!,  to  be  recovered 
by  warrant  before  any  Juftice  of  the  Peace,  o»e  half  to  the  ufe  of  the  informer  fuing  for  the  fame,  the  sther  half  for 
the  ufe  of  the  poor  in  the  eounty  of  Wmke. 

II.  And  be  it  further  enacl.d  by  the  authority  aforefaid,  that  fo  much  of  an  aft  paffed  at  Tarborough,  in  theve.irenc 
th«ufand  leven  hundred  and  eighty  feven,  entitled,  An  acl  t»  remove  all  tbftruchons  to  the  paffage  of,  pjh  up  the  Neufe 
river,  p.  210.  as  comes  *ithin  the  purview  »t  this  aft,  be  slid  the  fame  is  hereby  repealed  and  made  void. 


(ShaP.  LIV.  An  ail  directing  the  time  and  place  of  holding  the  annuel  elcElions  in  the  county  of  Hyde. 

WHEREAS  by  an  aft  palled  it  Favetteville,  in  the  year  one  thoufand  feven  hundred  and  eighty. nine,  entitled, 
An  acl  to  alter  the  time  efeleiling  members  »f  the  General  Affcmblv  oj  thisflate,*  there  have  many  doubts  ref. 
peering  the  time  of  holding  the  elections  in  the  county  oiHyde,  there  being,  two  elections  in  the  laid  county  ;  for  re- 
medy whereof, 

I.  Be  it  enacled,  that  from  and  after  the  palling  of  this  aft,  the  annual  elections  for  th?  county  of  hyde  Tball  be 
held  and  taken  in  the  following  manner,  that  \i  to  fay,  the  election  (hall  begin  at  the  houle  of  Mr.  Jefferies,  at  tiie 
Lake  landing,  on  Mattamufkeett_  th«  firft.  Friday  in  Auguj}  in  every  year,  and  continue  open  until  lun  let  of  the  fame 
day,  in  manner  by  law  directed  ;  and  the  fheriffand  inlpeftors  (hall  fea!  up  the  ballot  boxes  aid  the  feveral  lilts  of 
voters,  which  fhall  by  them  be  taken  to  the  court. houfe  m  Currituck,  and  on  tUe  fecond Friday  of  Augufi ,  being  the 
laft  day  of  the  annual  election*  throughout  the  (late,  the  poll  fliall!  be  opened,  the  feals  taken  ofl  the  ballot-boxes, 
and  the  elections  continued  unt.l  fun  fet,  for  Inch  of  the  county  eleftors  who  fliall  not  have  voted  before-,  ana  the 
poll  fliailbe  open  both  days  at  ten  o'clock. 

II.  And  be  it  further  enabled,  by  the  authority  aforefaid,  that  all  afts  and  parrs  of  acts,  which  are  contrary  to  the 
true  intent  and  meaning  of  this  act,  aie  hereby  repealed  and  made  void.     "N.C.L.  17G9,  22,  6/6. 

, — — ■ 

Chap.  LV.   An  ail  to  authorife  "WjIIiam.  M'Clellan,  of  the  county  of  Rockingham,  to  extend  a   mill  dam  acrofs  Mayo 

river. 
'HEREAS  it  is  reprefented  t»  this  General  AlTembly,  that  allowing  William  M Clellan  to  extend    a   mill   dam 
acrofs   the  Mayo  river,     would  be    attended    with  great  advantage  to  the  inhabitants  of  that  county  ;    and 
it  appearing  that  the  lands  on  each  fide  of  the  rirsr  where  the  laid  mill  dam  is  to  be    extended,    belong   to 
the  raid  William  M' Clellan  :■ 

I.  Be  it  therefore  enacted bi  the  Central  Affembly  rf the  fate  of North- Carolina,  and  it  is  hereby  traded  by  the  autho. 
rit y  of  the  fame,  chat  the  laid  William  M'Clellart,  or  his  allignr,  (hall  hare  full  power  and  authority,  and  they  or  ei» 
ther  of  them  hare  full  power  and  authority  to  extend  the  dam  already  erected  acrofs  the  laid  river  to  the  oppofite 
bank  :  Provided  neverthelefs,  that  the  iaid  William  M'CleUan  do  erect  a  Hope  of  ten  feet  wide  in  the  tlcepeft  pirt  of 
faid  river,  to  be  kept  open  from  the  twentieth  day  of  February  to  thelalb  day  of  Apiil'm  each  year,  under  the  penal> 
ty  of  twenty  pounds  for  e«ch  yejr  he  may  neglect  or  refufe.  to  keep  the  faitf*  Hope  in  good  order  for  the  pafl'age  of  filli,, 
or.*  half  to  the  ufe  of  the  informer,  and  the  other  half  to  the  ule  of.  the  county. 

Chap  LVI.   An  ail  U  veft  the  title  of  a  piece  or  parcel »}  laid,  in  Granville  c;^i/j»,  in  James  Forfyth,  and  his  htiri, 

tnfeefimple. 
'  HEREAS  it  appears  to  tae  fati  faflian  of  this  General  Allembly,  that  James  Forfyth   did  purchafe  a  bond  gi- 
n  by  Henry  EufiaceM'CuHoh  to  Alexander  Jones,   bearing  date  the  28th  day  of  July,  one  thoufand   feten 

J I 1    t\ rl.^oo      r/ii-  n  .id/.  -#-*  -,    rartnin  tv^fk    nrran^l   rif    lanif  in    Crrimullp   rnllniv        lfanu/n    Kv     rVi» 


Yen  by  Henry  Eultace  al ■  LUHO11  to  .licxanacr  j'jncs,    ucmng  uaic  uic  .zeui  uay   ui  juiy,   one  uiouuuu    icifn 
hundred  and  fixty-three,  for  a  title  ;oa  certain  tract  or  parcel  of  land  in  Granville  county,    known  by   the 
Hi'.-len'i  place,  containing  t»vo  hundred  acies,   which  laid  bond  was  alligned  over  to  Robert  Harris,  and  from, 
Harris  to  James  C jjb,  and" from  James  ( ajh  to  James  Forfyth  ;   the  faid  land  is  butted  and  bounded  as  follows, 
to  w;t,  beginning  at  a  take,   Wdiace'i  corner,  thence  running  welt  two  hundred  and  forty  poles  to  a  flake  in  Philip's 
iim    t'lsnue  foiith.  uvohundred  polss  to  a  ftjke in  Jwer's  ii  wf  theucs  norcti  fixty.five  degrees eaft  two  hundred  and 


name  of  Ho 

Robert  Har 


*4* 

feven  poles  fo  a  p'ne,  Bittern's  corner,  then  nor ih  feventy.five  degrees  raft  one  hundred  and  tweftty. three  polei 
to  the  firft  llatioti  ;  and  rhefaijj  Alexander  Jones  did  in  good  faith  pay  unto  the  raid  Henry  Eufiace  M'Cu'loh  the  pur- 
chafe  money  rcr  the  laid  land  ;  and  the  faid  Henry  Eufiace  ftl'Gulhh having  fince  the  lale  withdrawn  i:im!Vlt"  from 
this  and  the  United  States,  and  his  eilate  by  kw  bath  been  confi'cated,  and  hath  male  no  conveyance  to  the  laid  A. 
lix-in  er Jones  to  ve(t  the  ibid  had  in  him  and  his  h^irs  in  tee  (imple,  by  which  means  he  has  not  been  able  to  make 
good  and  lawful  titles  to  thole  whom  he  ham  fince  fold  the  fame. 

I.  Be  it  therefore  enacted  by  the  General  Ajfembly  of  the  Slate  of  North-Carolina,  and  It  is  hereby  enabled  by  the  autho- 
rity oftoejame,  that  fro  n  and  after  the  palling  tlrs  act,  the  faid  two  hundred  acres  ot  land  is  declared  to  he  veiled 
in  fee-fimple  in  James  Forfyth,  his  heirsand  afligfis  forever,  in  as  full  and  ample  manner  as  if  the  fame  had  been  ie- 
gaily  conveyed  by  Henry Eufiace  M'Culhh  to  Alexander  Jones,  and  troni  Alexander  Jones  to  Robert  Harris,  and  from 
Robert  Harris  to  James  Cajh,  and  from  James  Cajli  to  the  (aid  Ja.nes  Forfyth  ;  any  law,  ulage  or  cuftoin  to  the  con* 
trary  notwithftandinjr. 
Chap7~Cv.ii.   An  d&  to  empoJter'J&theldced  Rathn,  'fub.iias  JoVamoii,    Wtllojghbv   Williams  and  Hymeric   Hooker, 

thffeeafitiei  of  Benjamin  Cafwell,  tatefherijf  of  the  county  of  Dobbs,  to  colled  and  account  for  the  taxes  due  from  t,,e 

inhabitants  of  the  /aid  county  for  the  ytar  one  thoufand Jeyen  l.undred  and  eighty  hire. 

WHEREAS  itappears  that  the  taxes  due  froir,  the  inhabitants  in  the  county  of  Dobbs  for  the  year  one  thoufand 
feven  hundred  and  eighty-nine,  were  no:  collected  by  B  njamin  Cafivett,  the  lherififthereof,  during  his  eonti* 
nuance  in  office,  and  whereas  the  laid  Benjamin  Cafuell,  in  order  to  q  liet  his  fecuri«ies  and  10  emble  them  to  make 
the  collection  alorefaid,  after  obtaining  from  them  a  bond  of  indemnity,  on  thefeventn  clay  ot  July,  in  the  year  one 
thoufand  I'eve.i  hundred  and  ninety,  by  aninftruraent  of  writing  under  his  hand  and  leal-,  did  rehnqnifli  the  right.«f 
c  jllecli.ig  the  taxes  for  the  faid  ye.-.r,  and  empowered  Ins  hid  lecurities  to  collect  and  account  for  the*  fame,  «  ho  pur- 
Juant  thereto  hare  proceeded  to  collect  in  part  the  faid  taxes,  and  have  paid  into  the  rfcblic  treafury  the  greater  nait 
of  the  money  due  Ircm  the  faid  Benjamin  Cafvielt  for  the  year  aforelaid,  and  aic  flill  continuing  to  collect  the  balance 
dae  :  and  whereas  doyjbts  may  ar;ie  n  ith  refpsct  to  the  legality  of  the  procedure,  and  in  order  to  enable  the  iecuri::^-s 
finally  to  collect  and  fettle  the  fame  : 

1.  Be  it  enabled  by  the  General.  Affimbly  of  the  State  if  North  Carolina}  and  it  is  herebv  enccltd  ly  the  authority  cfthe 
jam',  thar  the  fole  collediiOBot  the  taxes  due  from  the  inhabitants  of  the  cour.ty  of  Dobbs  for  the  year  ore  tnoufand 
feven  hundred  and  eighty-nine,  (hall  he  and  is  hereby  veiled  in  the  laid  Etheldred Rufffn,  7l.om.as  ' Branton,  Wdlough- 
.  n;  and  Hymeric  Hai.ier,  anc  th  .:  they  the  faid  iecurhiesj  or  a  majority  of-them,  be  and  are  hereby  empower, 
ed  as  fully,  and  effectually  to  collect  and  account  for  the  faid  taxes,  and Ion  refuTal  to  'ne  for  and  recover,  and  on  pay- 
ment of  the  money  to  give  dif  marges  to  the  reTpective  collectors  as  the  faid  Benjamin  Cafuiefi  could  or  mmbt  have  done 
previous  to  his  relibquifhmenr  and  p  vvcr  Ss  aforefaid  ;  which:  difcharges  from  the  fee uri ties .  or-  a  majority  of  them 
and  from  no  other  perton,  ihall  exo  tera'ie  the  collectors,  or  be  available  in  law  if  luit  lliould  be  brought  by  ihe  fecu- 
rities  for  no:i- pa;ment  of  the  taxes  for  which  they  arc  liable,  any  law  to  the  contrary  notwithlranding. 

Ca\P.  LV1IL   An  aft  to  e  la  difh  ntown  at  the  place  fixed  upon  for  the  court  houfe  h (the county  of  Surry ,  and 'Jor  adding 
two  msre  commlffi  a  rs  to  tjjof.e  heretofore  apps  n'ed for  fixing  the  public  buildings  in  faid  a.ur.ty. 

W'KEREA  S  it  hath  been  represented  to  this  General  Aflembly  that  iris'  a  pleahnt  healthy   Gtuation,  and   that 
Thomas  Ayres  .nd  Mo/es  Ayres  have  maJe  a  deed  in  fee  fiinple  of  fifty  three  acres  o{  land  to  Micajlh    Oglefby 
Edward J2ovell,   Charles  Smith,   Iien>y  Spier,  and  P/illiamTyrrel Lewis,  Efqiiires,  for  the  ufe  of  the  faid  county  :     "   ' 

I.  Beit  enabled  by  the  Gmetal  Affembly  ofthe  fiate  o/North-Caroli»a,  and  it  is  hereby  enabled  by  the  authority  of  the 
fa-rte,  that  the  lands  fo  laid  offbe  eftabUlaeda  to.vn,agreeab!e  to  the  icheme  and plan  there  of,  by  the  name  of  Rcckjotd. 

II.  And  be  it  further  enaSed  by  the  authority  afar e faid,   that  TVilliam  Thornton,  Stephen  Wood     John   T/.omai  Ltnemo 
Jacob  Skcppard,  ai.iJ  Da-aid  Humphries,  be  and  they  are  hereby  conftituted  and  appointed    rouimithoners  and    trustees 
for  carrying  on  and  regulating  the  laid  town  ;  and  they  lhall  itand  feized  of  an  indtfer.hble  eltaie  in  fee  fimple  in  the 
laid  fifty  three  acres  of  land,   to  and  lor  the  ules,  intents  and  purpolts  hereby  declared.      And  the  faidco.nmiilioners 
or  a  maj  >rity  of  them,  (hall  have  full  power  and  authority  to  meet  as  often   as  they  fliall  think  proper»  to  make    fiich 
regulati  >ns  as  tfeej  fliall  judge  mod  convenient 

III.  And  be  it  enabled  by  the  authority  aforef aid,  that  a  majority  of  the  commilTtonersaforefaid  mall  have  full  power 
to  fell  and  difpofe  of  the  lots  in  the  faid  town,  make  and  execute  deeds  in  le&.fiinpje  to  the  refpective  putchaltror  pur. 
chafers  for  ths  i'jme.  L  .  .  ' 

\V.  And  be:?  further  enabled  by  the  authority  aforefaid,  that  refpective  purchafers  of  lots  (ball  pay  and  fat'isfy  the 
cornmilTioners  for  whatever  fum  or  iums  they  may  feverally  incur  by  put  chafing  lots  from  the  faid  commidioners  and 
in  ca!e  of  neglect  of  anypucchafer  to  pay  the  lura  orfumsthat  may  be  incurred  as  aforelaid,  that  then  in  that  cafe  the 
conimilfioners  or  a  majority  of  them  may  commence  a  f-iit  cr  fuits  in  their  own  names,  and  therein  recover   itid^ment. 


.-.  appli 
money  lo  received  by  them.  *  * 

V.  JadU  it  further  t nailed by  the  authority  afarefaid,  that  in  cafe  of  the  death,  refufcl  to  act,  or  removal  cut  of  'he 

f)  o 


&4& 

county,,  of  any  of  the  commlflloners,  the  court  of  the  county  is  hereby  empowered  tc  appoint  fome  other  perfon,  be- 
ing a  ire.'holder,  in  the  place  of  him  lb  dying,  refilling  to  act,  or  removing  as  afore  1  aid  ,  which  comm.ilioners  or 
truUees  lhall  have  the  lame  power  and  authority  as  if  he  had  been  appointed  by  this  act. 

VI.  Beit  further  enacled  by  the  authority  uforefaid,  that  Williark  Choke  and  Robert  Harris;  be  and  they  are  hereby 
appointed  commiliioners,  in  addition  to  tnofe  heretotore  appointed,  ior  fixing  and  carrying  into  effeft  the  public  build- 
ings in  the  county  ot  t>:my,  who  (hall  have  the  fame  power  and  authority,  andexercife  the  lame  privileges  in  all  re- 
flects,  a?  tho'e  heretotore  appointed  by  an  ail  for  dividing  the  county  ot  Surry. 

Cuaf.   LAjC.  .in  uPt  tu  Litei  the  place  of  holding  the  county  court  o/Hyde  county,  from  VVoodftock  to  Bell's  buy  or  Jalper's 
creek,  in  /aid  county,    and  to  erecl  a  new  court  houje,  pri/in  and f lochs. 

WHEREAS  it  hath  been  made  appear  to  the  fatifaction  of  this  Genera!  Aliembly,  that  the  court  houle,  prifon  and 
flocks  in  the  county  of  Hyde  have  been  lately  confuted  by  fire,  and  that  the  courts  of  laid  county  are  obliged  to 
be  held  in  a  private  houfe,  which  occalians  a  very  great  delay  ot  bufinefs  :  and  whereas  it  appears  tnat  the  town  of 
JVoodftock  is  net  the  niott  central  and  convenient  place  to  erect  a  court  l.oute,  prilon  and  flocks  in  the  laid  county,  and 
that  on  2?.//\r  bay  or  Jafper's  creek  is  a  far  mere  eligible  ana  convenient  place  lor  that  purpoie. 

I.  Be  it  therefore  en  acled  by  the  General  Afjlmbly  of  the  ft  ate  r/ North-Carolina,  and  it  is  hereby  enaBed  by  the  autho- 
rity of  the  fam.' ,  that  Germain  Bernard,  Benjamin  Iw.fJ,  Michael,  Peters,  Robert  Jenett,  Janes  Jjfper,  Reading  Blount 
and  Thomas  Jordan,  be  and  they  are  hereby  appointed  commiliiotters  to  fix  on  tlie  molf  central  and  convenient  place 
on  Belt's  bay  or  Jafper's  creek  in  the  faid  county  ot  Hyde,  to  erect  a  court  houle,  prilon  and  flocks  for  the  ufe  of  faid 
■county  ;  and  tbey  or  a  majority  ot  them  to  agree  with  workmen  to  build  and  finifli  tiie  lame  thereat ;  and  if  one  or 
more  of  rhe  faid  commiliioners  Ihould  refufe  to  act,  die  or  remove  out  of  the  laid  county,  then  the  lurvivur  or  furvi- 
rors  lhall  elect  and  choofe  another  or  other  commiliioners,  in  his  or  their  ftead. 

II.  The  firft  part  of  thisfeilion  ubjhhlc. 

And  the  laid  commiliioners,  or  a  majority  o<"  them,  are'hrreby  authoriled  and  required  to  rail  for,  demand  and 
receive  all  and  every  part  of  the  remains  of  the  former  court  houfe  which  may  be  known  to  be  in  the  hands  of  any 
perfon  or  perfons  whatfoever,  and  the  fame  to  apply  to  the  ule  of  erecting  a  new  one  as  herein  before  directed  ; 
and  if  any  perfon  who  may  have  any  ot  the  remains  of  the  laid  court  houfe  in  his,  heror  their  pofuffion,  and  on  ap- 
plication of  the  comriiiluoners  herein  before  appointed  refule  to  give  up  the  lame,  he,  Ihe  or  tney  lo  refuting,  (hall 
on  conviction  forfeit  and  pav  the  fum  ol  twenty  pounds,  to  be  recovered  by  the  laid  comroiflioners  before  any  juris- 
diction having  cognizance  tbereo.',  to  be  applied  to  the  purpoie  ot  erecting  a  new  court-houfe,  prifon  and  flocks. 

III.  Cbfoleie. 

IV.  And  be  it  further  enacled lythe  autborifv  dforefaid,  that  the  Juftices  of  the  faid- county  of  Hyde  fhail  at  the  firft 
court  which  fhall  beheld  after  the  firft  day  of  January,  cue  thoufand  feven  hundred  and  ninety  one,  adjourn  to  the 
houfe  of  Southy  Rue,  near  BeW r  bay  ;  and  all  luits,  actions,  plaints,  pleas  and  other  mat'ers  and  things  before  the 
faid  court  then  depending  and  undetermined,  lhall  ftand  adjourned  and  continued  accordingly,  and  all  and  every  per- 
fon or  perfons  having  day  in  the  laid  court,  and  witnefles,  lhall  Hand  bound  to  appear  at  the  lame  according  to  iuch 
adjournment. 

V.  Andbeit  further  emRe'dbythe  authority  aforefn'td,  that  the  faid  commifhoners  or  majority  of  them,  are  hereby 
empowered  to  fell  at  public  tale,  giving  forty  days  previous  notice,  the  lot  of  ground  in  Woodffock  where  the  court- 
houfe  formerly  flood,  and  apply  the  monies  arifing  therefrom  to  the  purpofe  of  erecting  and  compleatmg  a  new  court 
houfe  ;  and  Ihould  any  money  remain  in  the  hands  of  the  commiflionerg  after  the  faid  buildings  are  finiihedand  com- 
ple.ited,  the  fame  (hall  be  an^lied  to  the  ufe  of  the  contingent  charges  of  the  county. 

CdAP.  i-JC.  sin  ad  to  empower  James  Craige,  guardian  of  the  orphans  of  David  Craige,  of  "Rowan  county,  decaf  ed,  to 
fell  and  difp^fe  of  part  of  the  real  eft  ate  of  the  faid  David  Craige,  for  the  payrncr.t  of  a  debt  due  by  him  to  the  public. 

WHEREAS  jan:cs  Craige,  guardian  of  the  orphans  of  David  Craige,  deceafed,  hath  reprelented  to  this  General 
Aliembly  that  the  laid  David  Craige  died  indebted  to  the  public  in  a  large  fum  of  money,  for  the  purchafe  of 
torifilcated  lands  of  Henry  Euftace  WCullo^,  equai  10  the  value  of  his  perfonal  eftate  :  -and  whereas  the  laid  guardian 
hath  further. reprelented  to  the fatisfa&ion  of  this  General  Aliembly,  that  it  was  the  intention  of  ine  faid  David 
Craige  to  fell  and  difpoje  of  part  of  the  laid  lands  to  pay  the  public  debt,. in  order  to  make  the  better  provifion  for  his 
iamily  : 

I.  Be  it  enacled  by  the  General  Affembh  cf  ihe  fate  of  North*  Carolina^  and  it  is  hereby  enacled  by  the  authority  of  the 
fame,  that  it  lhall  and  may  be  lawful  for  the  faia  James  Craige  to  fell  and  difpole  of  three  hundred  and  fijty-five  acres 
of  faid  lands,  lying on  the  Jonth  fide  of  the  Yadkin  river,  known  by  the  name  of  number  feventeeri,  and  three  hun- 
dred and  feventy  five. acres  of  laid  lands,  lying  on  the  waiers  of  Abbot  's,creek,  known  by  the  number  thirty-eight, 
and  to  make  conveyances  in  fee-fimple«£or  the  fameto  the  purchasers  thereof,  thereby  conveying  to  each  purchafer 
and  tbeir  heirs  refpecliyely-,  by  virtue  of  the  power  given  by  this  act,  all  the  right,  title,  iniereit,  claim  and  demand 
whatfeever  therein  and  thereto,  of  what  the  faid  David  Craige  died  leized  and  pplTeflecj  :  Provided  always, 
that  before  the  conveyance  of  the  faid  lands,  the  faid  James  Craige  Ihajl  gjve  bond  withfecurity,  in  double  the 
cftimated  value  of  tiie  lands  intended  tob?  (old  by  virtue  f.f  this  act,  if  the  lecurity  already  given  for  his  guardian- 
fhip,  (hould  be  judged  by  the  county  court  of  Rowan  infufficient  for  the  true  and  faithful  dilcharg-:  of  the  truft  rcpofed 
ju  him  by  this  act. 

T  H    £     E  N  D. 


jumumiiui  i«g— a 


247 


A      P      P      E      N      D      I 

Chap-   XXXV.  An  c,a  to  ratify  and  confirm  an  acl,  entitled,   An  aft  for  the  regulation  of  the  town  of  Wilmington,  p. 

23.  al/oto  revive  an  acl,  iniitled,  An  acl:  for  the  regulation  of  the  town  of  Wilmington. 
I.  \X7^EREaS  an  a^»  pafled  at  a  Genera!  AfTemfaly  began  and  held  at  Newbern  on  the  twelfth  cay  of  December. 
W  in  the  year  of  our  Lord  one  thouland  feven  hundred  and  fifty  four,  and  from  thence  continued,  by  feveral 
prorogation-,  to  the  thirtieth  day  of  September,  in  the  year  of  our  lord  one  thou.'and  feven  hundred  and  fifty  fix 
intituled,  An  a£t for  ibi ^regulation  of  the  town  of  Wilmington,  has  been  found  highly  beneficial  and  convenient  to 
the  inhabitants  of  the  faid  town,  and  the  neighbourhood  thereof  ;  and  whereas  by  the  feparation  of  this  flate  from 
Great  Britain,  and  all  dependence  theieupon,  luch  act  mult  ceafe  and  be  void,  unlefs  ratihed  and  confirmed  by  the 
General  Aflembly  of  this  our  independent  flate; 

II.  Be  it  therefore  eneSledby  the  General  /iffemhly  of  the /fate  of  North  Carolin->,  and  it  is  hereby  enacled  by  ike  authority 
cf  the  fame,  that  the  laid  act,  and  every  claule  and  part  thereof,  perfectly  confiitent  with  the  coi.ftnution  of  laws 
t.f  this  (late,  and  io  f  ar  as  it  (lands  unrepealed  by  any  fubfequent  law  palled  in  this  ftate  during  its  dependence  on 
Great- Britain,  be,  and  hereby  is  declared  to  be  in  lull  force  and  virtue.     The  reft  Obfolete. 

[Paffedin  November  1777.] 

Chap.  XX1I1.  An  afffr  the  dividing  the  county  «/~  Guilford. 
7 he  reft  cfihis  aB  inN.C.  I..   1785,    23,   562,   or  Obfolete. 


furers. 


IX.  And  be  it  further  enabled  by  the  authority  afore  faid,  thrt  the  court  of  the  faid  county  of  Rocking/ism,  /hall  an. 
point  three  jurors  to  attend  at  every  fuperior  court  that  lhall  be  held  for  the  laid  diftrict.      [Pajfe.i  in  Dec.  1785.] 

Chap.  IX.  An  an  at!  to  amend  an  acl  for  dividing  Guilford  county. 

WHEREAS  the  place  fixed  on  by  the  commiiiioners  for  erecting  the  public  buildings  in  the  county  of  Recking. 
han,  is  not  near  the  centre,  as  appears  by  an  accurate  furvey  thereof,  by  which  means  many  of  the  inhjbi. 
tains  are  put  to  an  unneceffary  expence  and  trouble  in  attending  general  mufters,  elections  and  other  public  meet.ng* 
therein;  and  it  having  been  reprefe  nted  to  this  Afl'embly,  that  erecting  the  faid  buildings  in  the  centre  of  the  laid 
county,  would  give  general  tatisfa&iou  to  the  laid  inhabitants,  and  the  proprietor  of  fuch  land  fo  lying  in  the  centre, 
hiving  aflented  'hereto. 

1.  Be  it  er.acld  by  the  General  AJfembby,  and  it  is  hereby  enabled  by  the  anthoriy  of  the  fame,  that  the  cturthcufe,  pri- 
fon  and  flocks  fi.r  the  laid  county  o\  Rockingham,  (hall  be  erected  and  built  on  the  lands  of  Charles  Mitchell,  on  the 
eaft  fide  of  Big-Rick  houfe  creek  ;  and  that  Samuel  Henderjon,  John  Reagan,  Richard  Marr,  Peter  O'Neal  and  Thomas 
Maffiv,  Efquircs,  be  and  they  are  hereby  appointed  commiiiioners  for  erecting  the  f  1  id  buildings  in  lieu  of  thofe  ap- 
pointed by  tne  afcrelaid  a£t  ;  which  faid  commiiiioners,  appointed  by  this  aft,  are  hereby  veiled  with  the  fame  pow- 
ers and  authorities,  and  fubjeft  to  the  fame  pains  and  penalties  as  thole  heretofore  appointed,  and  the  laid  commiffi. 
oners  are  hereby  auihorifrd  and  empowered  to  contract  for  one  or  more  acres  of  land  for  the  purpofe  of  erecting  the 
public  buildings  on,  and  they  zre  hereby  authorized  and  required  to  receive  a  deed  or  deeds  conveying  the  laid  lends 
lo  purcluled  by  thern,  to  the  Juftices  ci  the  faid  county  of  Rockingham,  and  their  fuceeilbrs  in  trnft  tor  the  fajj  coun- 
t  •  \Paffed  in  January  17  87.  J 

Chap.  XXXVI.  An  acl  for  dividing  the  county  o/~Rowan. 
TlefrUpartinN.  C.  L.   1780,36,645. 
III.     j\  XD   be  it  further  enacted,  by  the  authority  afore  faid,   that  nothing  herein  contained  fliall  be  conftrued  to   de- 
Jr\    bar  the  late  (beriffs  and  collectors  o!  the  faid  county  of  Rowan,  as  the  fame  flood    undivided,  to  make    dif. 
trefsfor  any  levies,  fec-s  or  other  dues  now  actually  due  and  owing  from  the  inb.ib  ia>  t;  of  the  faid  county  as  it   for- 
merly llowd  undivided,  in  ihe  (ame  manner  ashy  law  the  faid  fhenff  or  co'lector.s  cou  d  or  nrght  have  .one  if  the  laid 
county  had  remained  undivided  ;  and  the  faid  levies,  fees  and  other  dues  (hall  be  c  >U<  c~t  J  and    accounted  for    in  the 
lame  manner  as  it  this  act  had  never  been  made  ;  any  thing  herein  contained  to  the  cont.ury  *or  wuhllandwii. 
IV.  V.  VI-  to-Vil.  Obfolete. 


VIII.  Anile  it  further  dueled,  by  the  authority  aforefaid,  that  all  manner  of  fjiits,  caufes  and  plea?,  whether;  ci- 
vil or  ci  iiiiinali  how  corn-neiicqd  and  depen  ling  in  the  county  court  of  Rovs  in,  ft  til  continue  and  :.  ay  be  prol  tented 
to  a  final  end  ana  detenni  ia»   >i  ;  any  thing  in  this  aft  to  the  contrary  nor  w'uhitanJir.g. 

IK.  And  be  It  further  enaJHtd,  by  thi  authority  aforefaid,   th.it  the  court  of  die  laid  count;;  of  Ire  ■   \  oil     hi 

jurors  to  attend  at  every  Superior  Court  that  thill  be  neld  for  the  faid  district.  LP'1!/  '   '    °%>~1 


Chap.  XXXIX.  Anacl  to  amend  ana£l,  entitled,  An  aft  for  the  promotion  of  learning  in  the  diftrid    oi:  Wilming 

ton.  p.  107. 

WHEREAS  an  aft  for  the  promotion  of  learning  in  the  diltrift  of  U  Hmington,.  made  and  ratified  at  liittfbotmigh, 
the  leventeenth  day  of  May,  one  thoufand  lev^n  hundred  and  eighty  three,  is  in  many  teiprfts  defective,  and 
feveril  of  tne  truflees  therein  named  being  dead  or  left  the  ft  it e ,  and  tbe  remainder  being  a  bare  majority  being  too 
much  difperfed  to  meet  with  convenience  at  any  one  place,  tie  faid  aft  cannot  be  carried  into  effect  ;  by  J  caion  of 
which  the  reftannentary  donation  of  the  late  James  Innes,  Elqni.e,  is  i  1  t!  ingtr  cf  being  loir  :  for  remedy  whereof  : 
I.  Be  it  enabled  by  the  General  /iffembly  vf  the/late  of  North  Carolina,  ad  it  is  hereby  enabled  by  the  authority  of  the 
fume,  that  the  truitees  ftall  confilt  of  not  ltf»  than  twenty  and  not  more  than  thirty  members,  and  that  Tiemas 
Ci.uk,  John  Fergus,  John  Hufke,  Janes  Read,  Jofhua  Potts,  Fred. rick  Jones,  John  S-wann,  Join  Avlin  Campbell, 
Thomas  Craike,  Thomas  Wright,  John  F 'ugh  Williams,  Henry  Walters,  Thomas  MacUiine,  John  Hill,  John  Pl'Ker.zie 
and  Thorn  is  Younger,  be  and  they  are  hereby  appointed  truftees  of  Innes  Academy,  jo'ntly  with  the  (urvivirg  truftees 
now  in  this  ftate  appointed  by  the  before  mentioned  aft  ;  aid  that  the  faid  trustees  ihall  be  a  body  politic  and  corpo- 
rate, and  b/  the  name  and  title  of  the  Prefident  and  Truftees  of  Innes  Academy  'lhall  have  perpetual  fueceffion, 
and  by  tie  fame  name  lhall  fue  and  be  iued,  plead  and  be  impleaded  in  all  courts  whatfoever;  and  their  common 
feal  affixed  to  any  inftrumenc  or  left  mjnial,  Hull  be  legal  teltimony  in  any  fuit  inlaw  or  equity. 

JI.  And  be  it  end£i:d  by  the  authority  aforefaid,  that  the  faid  truftees,  or  a  majority  of  them,  by  the  name,  ftyle 
and  title  of  the  Prefident  and  Truftees  cf  Innes  Academy,  (hall  have  full  power  and  authority  from  time  to  time,  as 
they  lhall  fee  ti"  and  reafonahle,  to  make  rules,  ordinances  and  bye  laws  as  to  them  may  appear  r.cccllary,  for  the 
order  and  good  government  of  the  faid  academy,  and  the  teachers  arid  iludents  thereof,  as  well  as  for  the  regulari/y 
of  their  proceedings  ;  ard  fuch' rules,  ordinances  and  bye-laws  to  alter  and  change  as  to  them  (hall  Item  Expedient  ; 
Provided  always,  thit  fuch  rules,  ordinance*  and  bye  laws  thai!  be  te.i.onable,  and  not  inconliftent  with  the  conilitu- 
tion  of  the  ftate. 

III.  And  be  it  enafted,  that  the  truftees  by  this  and  the  before  mentioned  aft,  or  a  majority  of  them  being  met  to- 
gether, ihall  have  lull  power  and  authority  at  their  lirft  meeting,  or  at  any  fubte  ,uent  general  meeting,  it  they  liiould 
deem  it  neceflary,  to  eleft  by  ballot  a  fufficien?  number  of  perions  to  be  truftees  to  make  the  v.  hole  number  as  afire-* 
Mi  ;  and  if  any  trullee  ftall  abfeut  himlelt  at  two  fucceftve  general  meetings,  without afligning  a  fufficieht  caulefur 
fo  doing,  he  (hail  be  con/idered  as  having  voluntarily  withdrawn  himfelt  as  a  trultee,  and  his  place  &»!!  be  Inpplied 
by  a  new  choice  ;  and  no  rector,  profeflor  cr  tutor  fhall  i)e  liable  to  militia  duty  ;  frovide.d  there  are  not  more  than 
three  employed  in  teaching  one  branch  of  literature  ;  nor  (lull  any  ftutient  oi  the  faid  academy  be  cbligcd  to  attend  at 
any  mili-a  mufters. 

IV.  And  be  it  further  enaBed  by  the  authority  aforefaid,  that  exclufive  of  a  prefident  the  <a  d  truftees  fhall  choole  at 
their  firft  meeTig  not  lefs  than  three  vice-prelidents,  and  e^.ry  uuftee  who  (hall  have  been  a  prefident,  ftall  be  con- 
fidered  af  erwards  as  one  of  the  vice-preii  Jeiits  ;  and  at  any  meeting  where  the  prefident  thai!  happen  to  be  ablent, 
the  vice  prefiderM  v.dio  (lull  firft  appear  at  that  meeting  ftall  prcfide  tor  the  time. 

V.  And  he  it  a'fo  enaSled,  that  the  faid  truftees  may  choo'.e  a  treafurer  without  limitation  of  time,  hut  may  remove 
him  at  pleafure  ;  but  before  fuch  treafurcr  lhall  ener  upon  execution  cf  his  office,  he  (hail  give  bond  to  the  Prefident 
and  Truftees  in  double  the  value  which  he  may  be  authoriftd  to  receive,  and  lb  from  time  to  time  as  he  may  be  em- 
powered to  receive  monies,  fubferiptions,  rents  or  donation*,  with  a  condition  thereto  underwritten,  that  he  well 
and  faithfully  pay  and  account  for  the  fame  whenever  thereto  demanded  ;  a  copy  of  every  which  bond  ftall  be  certi- 
fied by  the  lecretary  for  the  time  being,  and  (hall  be  acknowledged  in  the  court  of  New-ffanovtr  county,  where  the 
derk  lhaii  fiie  the  fun",  and  be  entitled  to  demand  and  receive  a  fee  of  ten  (hillings  for  fo  doing. 

VI.  And  le  it  f'ui  ther  ttiaSied,  that  the  firft  meeting  of  the  i  v.d  truftees  fhall  be  in  the  town  of  Wilmington,  on  the 
ft rft  day  of  January  after  the  paling  of  this  aft  ;  and  a'l  future  meetings  ftall  be  in  the  faid  town  until  a  proper  build. 
ing  fhall  be  erefted  for  the  academy,  and  a  convenient  chamber  ecu  be  Ipared  for  the  truftees,  and  then  the  meetings 
fht.ll  be  held  in  the  academy  ;  and  any  three  members  re/iidmg  in  the  town  giving  notice  to  the  other  truftees  to  at- 
tend t'le  firft  meeting,  ftall  be  of  eqdai  force  as  if  the  officers  were  chofen  :  Provided  always,  that  after  the  firft  meet. 
ing  the  prefident  and  truftees  (hall  be  authprifed  to  empower  any  lefs  number  than  a  majority  of  the  whole,  to  do  and 
perform  fuch  aits  as  th?y  fhall  deem  necefTary,  to  that  the  fu  ids  oi  the  academy  thai!  not  be  difpbfed  of,  cr  the  rala- 
lies  ol  the  teachers  enhanced  or  ditriinifted  :  Provided,  that  they  (hall  not  on  any  account  grant  degrees  or  title  to 
fuch  as  battheloror  mafter  of  arts,  or  doftor  in  any  faculty  :  Provided  alfy,  that  nothhg  herein  contained  ftall  be  cou- 
ftrued  fo  as  to  make  this  one  of  the  academies  mentioneJ  in  the  ccnftuu'.ion  of  thi.  ftax.    \Paffedin  November  1788.3 


£,'?  L\   Ax  .:.?  :■>  authori/i  iud enabfc  J  >'.n  yo'Jbn  f,3 >£/■  .■-.»/.'.';  this  ',;'<,  ,•;  •> . ' .- ■    r    '^  .'..".-    t  therein  rmn'.i- 


donari  ns,  unlefs  he  ihpuld  he  tieijniit.ti  d  to  return  and  let  le  his  .i:i'<  rs  :  lor  remedy  v.aci.  i  f, 

•   I.  £v  it  enaSJUby  iht  G -n:-':l  A  ib?:y :  >..'ih;j.c  e  if&i  >r  ji  Cirul  na„  <.";-/;/  /;  /'-•'  ■-/;     eni'd    'lj  the  itifhoriti  cfthg 
fame.,  thai  fi,dh  and  afte'i  a\vi  may  be  (a^ful   )'-j;   in  a  fa  d  /j'v:  C  /  .•.-.    In'i;i>cj  s,  rs.  .u- 

t   r  ,   a  Imi  liftrpto  r  or  c  Ti  ^n"s  to  lue  or  be  Jae*,    hnpl  - ■  ■■'  and  t>e  i  ir/e^ied,   anf.ver  r;-  !>■■  ml  ..  ered,    in  .-,  :•.-  c  nj   t  of 
record  .n  ifiis  f^ate,   ft  t  a  i  :  ir  lu  us  of  ijicr.v  y  du£  t )  iiim  p  •  dwipg  i:y  Kiu^    the  jYH  ^>«  Cd  ;•-,/;,  in  Jay    man- 

njj  !b:-vcr;      I);   lay   to     fe  contrary  ncto.  i't'hlt  ii  di  ■  ;;  .■    PnrQ'iSifl    r.j'.'cribtlr ,   th  ;t    ij     I  ing  in  this  rut  couial   ed 
'ii  ill  1-e  cdnfjtuied  to  :.u  Bar'ife  or  en »1  ■!.-  [he  fai  I  y.  j  ■  Q  l)o  '.  tP  commence  or   prol?cu',-e   any  luit,  i  i  her  i  .  i.r.v  or  e. 

in  this  itate,  until  lie  iha!l  lia\e  previoufl)  petal  e  lome  Jnit.ce  of  ti;c  Peace.  01  I  eT  re  qn,e  <  fifrej  idges   <  f  i  ;e 
fjperibr  coartj  t  iken  and  fubftribed  an  oath  of iilegiarA-e a:id  fidelity  to  ihii  itate.        \Paffea"in  tfvotrhiei  ;;l   .] 


HP 

i 


:,-.  BHI 


A 


B 


E, 


CANALS,  ROADS,  C  A  U  S  E- 
W  A  Y  S,  BRIDGES  and  F  E  R- 
R  I  E  S. 

iDOKNEri,«  J<ames?nA  John,  csufewav,  1:6.  Clinch 
mountain  road,  199.  Cllibfaot  creek  canal,  12?,  19.  f  •<  '- 
/«r£  cnal,  191.  DtyifWi,  William,  fcnry,  31.  /-'■  v,  /> '"'/- 
'/:n;,  i\z,.G>ainger,s ,  Ca.ei ,  br  cig;e,  105.  tfetaiii\  B  nj&min, 
bndgr  50.  Juniperbsty  canal,  232.  Lan-l' <,G:..  on,  bridge, 
88,  94.  117.  Peacock'*  bridge,  79,  8o,  98.  Rotfyfl) 
bridge,  139.  8 'a-Jyet3 'j,  Enoch ,Toiul,  J^y,  24*.  Scup- 
ftrtiong  canal,  io6.  S>ii-/:,  B'enjenmht  encouraged  to 
nuke  a  road,  140.  Turn  again  bay  canal,  172.  li'ilii- 
ams' }  James,  biid^e.  139. 

C     O     U     N     T,    I     E     S. 

Anfon.   Publie  buildings,    12',    Infpeclic»    of  tobac- 
-85.     Beaufo't.   Court  lionle  removed  to    Wafh'mg- 


1100^,44..  Franklin*,  Granary  fold,  iq<;.  Coih.'nhTion* 
ers  to  fell  the  glebe,  191,  >'vor  hpufe,  234.  Gran- 
villi.      Wardens  <.A'  the  po,>'- :- .  f;ll  th-'  |  Bull- 

fot  ne  acre  of  land  veiled  in  hejuflipes,  72.  Difptnes 
refjlettirtg  mill  damS  ftUled,  i  ;  .  Sp'ei  e^s  of  hunting 
prohibited,  187.     1'  .      .  x.     CJertain 

a£!?  tsended  to,  214-    Hit  feFTre's;    183    Or. 

tain  acts   exterkted   to,   214.     Uyii.     Separate    h 
79.      Sej-.ara't  eWdion,   196.  244.     Certain  ad  S  - 

td  to,  214.  Gourt-hoote removed,  2461  jihnfori.  In- 
(pection  of  lobicco,  57.  Certain  afts  extended  :o.  2jd', 
h  c\:Jl.  To  ittid  6  juroij  to  li-.per.ur  c;u:  t,  2.17.  3  Lin* 
cAn.  DHputes'refpefiing mill'idams  i'f  ed  ija,  .  >» 
.tin-  Certain  afts  extended  to,  214,  Mcklenittqgl?.  I.  - 
liii  1  divided.  90.  Put .'ic  hivii.i  ngs  remove.)  iron, 
ie,  147,  214.  Dilputes  r.eijiectir.g  mill  dafrj  fetiie^f,  1^4. 
Separate  electtcras,  214-  Moritg'jtnery.  Coiirt-i.tiule  ; 
prifon  and  itocks,  121.  New- Hbn'suer.  Separate  electi- 
ons and  mufters,  213.  Northampton1,  PobWc  b'.tildings 
removed,  148.      Onflaitl.     Court-  hotifc  M.d  pr:'on  remov. 


4on.    162,    163.     Bertie.    Court  boofe    ptifon  a"d  .iiocks,     ed  from  JohnJ}ont  20,     Orange.  Court  held  at  John' Hays', 


where,  and  iiow  built.  8,  9.  L'iudsn.  Certain  pubic 
lots  fold,  147.  Irunfiuick.  Court  empowered  to  adjourn 
Where  they  think  proper,  138.  Burke.  Separate  muiLrs 
and  electijns  2^2,  243.  Camden,  AJis  extended  to,  igS- 
Carteret,  Separate  niuiters,  70.  Poor-houle,  235.  Caf- 
ivell.  Certain  acts  extended  to,  214.  Separate  muiters,  242, 
Chatham.  County  court  to  adjourn  to  Pitt/borough, 
183.  Certain  acts  extended  to,  197.  Craven.  Court- 
houfe,  38.  Currituck.  Certain  acts  extended  to,  198. 
Davidfm.  Sundry  inhabitants  relieved,  137.  lnfpeftion 
of  tobacco,  164.  Making  ©f  fait  encouraged,  200.  Dobbs. 
Juftices  empowered  to  try  and  determine  iuitt  brought 
befure  the  divifion  of  the  county,  35.  Duplin.  Court 
houfe  removed,    14,   18.     Line  between  Duplin  and  New 


new  court- houfe,  18.  Poor  houle,  2:4.  Pitt.  P  ree 
ferries,  21 1.  Public  buildings,  233.  "PafqwAank.  Cer- 
tain atts  extended  to,  214.  Poor  houfe,  235.  Randolph. 
Court-houfe,  prifon  and  ftccks,  12 r.  Court  empowered 
to  adjourn  where,  they  think  fit,  164.  Infpeclion  of  tobac- 
co, 165.  Richmond,  Certain  a^ts  extended  to,  214. 
Rockingham.  Ddputes  refpecTing  mill  dam*  fettled,  154. 
Certain  adls  extended  to,  214.  Ro-jjan.  Milhia  divided, 
j»o.  D.lputes  refpeaing  ni  11  dams  fettled,  154.  Sepa« 
rate  muiters,  243-  Rutherford.  Difputes  relpefting  mill 
dams  fettled,  154.  Separate  mutters  and  elections,  232, 
233.  Entry-taker  to  deliver  certiin  warrants  to  furvey- 
or,  240.  Surry.  InfpccYion  of  tobacco,  .165.  Sale  of 
public  buildings,  223.     Poor-houle,  234.     Teneffie.  In- 


Hanover  altered,   15.      Sale  of  the    glebe,  63.       Title    of     fpection  of  tobacco,   329.       Tyrrel.     Tree   ferries.  163, 
fundry  inhabitants  confirmed,   95.      Edgecombe.  Court      Separate  election,  222.     Wake.  Certain  acts  extended  to, 


jf^'.  ft'.rr-n.  Cranary  hid,  V35.  Certain  reTs  ex. 
ICneled  to,  214.  li'ajhwgton.  Koad  to  Burke,  70,  77. 
Courts  vi  heie  held,  195,  iy6.  Wayne.  Jnipectiun  of 
tbb.icco,   186.     Wiih.es.     Separate  ihuAUts  and  elections, 


-  j*»  -jy 


DISTRICTS. 

EJtnton,  Jul,  69,  ira.  HiUJbtraugb.  Jail  and  public 
Wildings,  104,  144,  17*,  179,  2i2-  Halifax.  Jail,  43. 
^iffO.  Inhabitants  wounded  by  Indians  relieved,  234- 
Morgan.  Public  buildings,  123,  124,  546.  Jullices  of 
each  county  to  appoint  ii  fpeeSlors,  164.  165.  Ncu>bcrtt. 
N  ember*  Jail,  52,  iotijbury.  QiUrict  jail,  44,  53, 
T/8,  179.  jiiltices  of  cash  count  j  10  appoint  iiifpectors, 
164,  *6v  Wilmington.  Public  buildings,  69, 77,  £2, 
'12,   113,   '34.  l35>  *4* 

EM  AN  CIPATED  PERSONS. 

/.'.'.'.-;  fif/0>,  and-  Meryr  207.  Amelia,  22$.  Jfetfy, 
a.28.  Brjsers,Hiwutakt  ?%y.  C*/arr  Henry,  1  82.  Oa>'» 
Richard,  225.  Alexander,  22&»  Freeman  Vhillis,  215. 
Griffin  Ned,  zqt.  John/or,  Samuel,  2-2 3-.  hangt Mary ,-3fff. 

UiCj,iio.  Willis,  J oj'rpb,  207- 

LAND   S,     VSSXE3    Iff 

.<41/<;/,  Nathaniel,  St  others,  141.  Brow,  Ucweif,  fo*. 
Su  ke,  Tlxmas%  off.  Ccl/jn,  John,  197-  Cotton-,  Thomas,  and 
oihtrs,  117.  Courtney,  William,  too  Cummins ,  Robert  toji, 
192.  Eaton,  Thomas,  1 15.  Fcr/»lh,J»ncs,  x.id-G'uilJerd,  l- 
J»ic,  u->  &fu//,  Edmund,,  242.  H.y7  John,  107.  Her.derfim, 
Richard,  1 16,  i4?>.22i.  herring,  Jo/e/h,  1 14.  Houflon,  Wtl- 
Ham,  99.  Miller,  Ralph,  1 1  &. ••>  «#>,  aV-;.;  r,  89*  Neva-Garden 
.y.iakei's,  231.  Per/  m, Thomas,  90.  Reael,  llannufi,  99. 
Kit/ s,  Hugh,  206.      Unites  Ft  eitrum,   105. 

MISCELLANIES. 

dndcr forts,  Job*,  cfia'e  relieved,  I79.  Laker's? Bh>ie 
entail  of  land  docked,  39-  Bedford,  Mercy.,  relieved,  161. 
&V//,  /'Wtfry  AiUf'j,!,  property  vetted  in,-  139.  BiUingJby, 
James,  empowered  to  mike  conveyances,  229-  Blount, 
Benjamin,  empowered  to  I'ue  as  a  trultee,  148.  Fen#*r't, 
Elizabeth,  property  Secured,  149.  Bradly,  John  pardon. 
nil,  229.  Bradly's,  Henry,  executor,  to  fell  fends,  9,9. 
Bridge*' s,  Edvjai-d,  property  y*h\>red,  Kji,  Brtmn,  s/'r- 
tkur, empowered'  to  jspJIecl:  taxes*  i;6^  Brown,  Thome, 
']  .ictfd  in  hit  tide' to  land:.,  21  a-  Er/f.-l's,  AlraKartt,  tide 
10  lauds  confirmed,  230*  Cmy,Jtl'hwasf\a\s  cf  iands 
confirmed,  3.  CqfweU's,  Benjt.mm,  lecurititfi  to  colli  •••;  tax- 
es,  245.  CmJvj'eiPi,  Richard,  ettate  veftcd  in  trultees,  1  59. 
Centre  hencvolunt  fociety,  225-  Clark's  and  others  data?, 
102,  llq.  Clenry,  Simon,  and  Others,  relieved.  145, 
John,  enabled  to  return  and  i'ue,  240. 
(./.',.',    Chrij  r ic'k jjpowkr of nttrrney confirmed, 

105.      Crajge? s,  David,  orphan's,  guardian,  to  fell    lands, 
246.     t  '  •-   ',    Robert,  Jol.'s of  his  patent    fupp'icd, 

149.     bickinfen's,   Dr.  It  t;  granted  to,  240.     Dobbs,    Co- 
entry  of  his  tract  of  land,  1}  2.     Doyjd,  Mary,z\\- 
!  to  fell  her    hufbaud's  eftate,   and  to  (tie,  141,  230. 
.'■  • .  '     Idi'Sf  /;'/'        ',  tksree  in  his  favor j  confirmed,  3. 


Eaton's,  Thomas,  ferry,  Infpe<S*on  of  tobacco,    I4»i  r 
pi/copal  congregation  at  Neivbcrn,  227.     Field,  Jeremiu 
and  R'.hrt,  property  vetted  in,  128.       Gcroud's,  Honorie. 
eltafe  relieved,  206.     Gctrard,      Charles,     lines   of  his 
land  eflabldhed,   229.     Gla/govt'r,  James,   title  to   fends 
confirmed,  230.     Goodrsr  William,  courfes  of  land  afcer- 
taincd,    208.     Gregory,    Ifuac,    empowered    to   collect 
rases,  135.     High's  Samuel,  mWlihm  opened,  244.     Hill, 
77>9«n«,  enabletfto  fell  certain  negroes,   114.  Hogg's,  Ro- 
bert, executory  enabled  to   maintain  certain  funs,  184. 
Jones,  John,  relieved    from  a  recognizance,  162.     John. 
/In,  Thomas  enabled  to  collecl:  taxes,  2I1       Jones',  Her. 
ding  lands  intail  docked,  3*     Jcnes,   Robert,  and  otherir 
Indian  fends  leife  confirmed,  51.     Jones,  William,  veliev. 
ed,  170.     Kirk,  John,  relieved,   161.    Martin's,    St.  Cha- 
pel,   Currituck,  lards  veiled  i»,  70.   May,   John,  empow- 
ered to  collect  taxes,  213.     Mehtrr'm   Indians,*,.     AiTCeet 
John,  to  inherit  his  natural  brother's  eltate,  219.     fll'CLi 
la\t's  mill  dam  extended,  244.     M'Nmr,  Ralph,  iale    of 
his  eftate  liifpeii'ded,   r-60.     M'Phaul's,  Neil,  title  veffed 
in  his  heirf,  224.     J  'f>rcf  George  Lair.e,    rtbeved,      170.- 
Moore,  William,  empowered   to  collect  taxes,  18-8.  Mum- 
ford'&md  P'jrterjtefd,  warehoufe,  159,21".   Null,  Willi mrt 
tffccllet'l:   taxes,  212,  213,    Ne:vij,  Wari,  negroes  veil eS 
in,   279.      O^gs,  Clxirlts,  and  others,  rghtot  inheritance 
veiled  m,  228.   Pcarj'on,   Richmond,  empowered  to  collect 
faxes/  1:6.     Peicrfon,   Jot  Anna-,  empowered'  to  tell'  lands, 
1.    ropi±  Jo! if,  relieved  irom  a  judgment,  35*     Prejl y.'e. 
rian congregation  at  Wilmington,   159.  Quince's,  Parker, 
e»ec'Atcr>  t«  iell  Varrds,  225-.      Rieharels,  join,   ccurli  s  of 
his  lands  recliSsd^  241,  Ritchie  and  l!'inflo-,u's  warehcule., 
241.     Riiefofi's,  Juhn,     admi^iilratur    to    fell    fend;.   90 
&cottf  William,  quieteti  in  histi:le  to  lands,  21^.     Shiar- 
ing,  Chi.rlet,  pardoned,  98.      Speigl t's,  Richard Dobbs,  t'v- 
*le  lo  lanefeconriFmed-,   1S0.     Specific  fnpplie*    in    arre-n- 
eofleclfed,     57;.     Stephens,  Uichard  Njjfuu,  copy    of  his 
detd  confirmed,  106.  Swan's, Samuel  exectuoi>empow("rcii 
%o  Iell  lands,  2o=6.     Ti/rei,  Simon,  relieved  from  a  recogni- 
zance,   l6l.      T'irrens',  Elizabr'h,  tluftees  appointed    to, 
190,   207.      Turner's,  Simon  and  ^:  others,   t'nle  to    lanci 
eltabhlhe-d,  279.     Underwood,  Jaritei  reUafed  from  a  re- 
cognizance,  148.     Wjtcd'si  Joh-n,  patent  confirrard,    roft 
Wari,     Job.  relealecr  Irom  a  rscrgin/ar.Lf,   54?.      il'hite's, 
Jame't  ad-mii.if.rator  to  fell  fends,  231.     William's,.  Ben- 
jmniii,  title  to  land  confirmed!     230.       li'ihiam's,   Thom:\s 
Potl,  title  so  [ant]  c*;nUnn<'4,  2. -,..    Wi-jW.-i  cr  Pwterjielet- 
toare-houfife,   t$?* 


N  A  M  E  ff 


A  1>  T  E  It  E  D 

FIRMED. 


&    C  O  N« 


idjhl  )'■<  William,  confirmed,  2*1 1.  Ballinger's,  jor.c.'J,;:*,  »0 
Ferkr.  184-  Born. r,  Willi.  <>i.  to  Hunt,  211.  Bronnock's, 
Wmatbeurixt  Bryant,  120.  Comnu.uder,  Jeffe,  %o  Clagg. 
211.  Cillbrd's,  John,  to  IJhr,  79.  Hoy's,  jc//e,  to  Sp.  igl.t, 
2ir.  Htgg 's,  Waller,  and  Covin,  lollies,  184.  Lom>'s 
J,tmes,  to  Roufon,  223.  Lj tie's,  Nancy,  and  other-,  to  A"> 
cbois,  226sMa/bns',  JameM  to  l/hetn,  1S4.  No! It's,  Henry, 
ajid,QtJiej-s,  to  Wbeatley,  24C'  I  ,rt!.rr/j's,  ficho /,  :u:d 
Benjamin  Clcvers,  to  Ran/on,  211.  Taylor's,  Jejlun,  nsel 
pth'er's,  to  -Sr^r,  14U.  v  .  .  ,  Frederick  and  others^ 
to  'r   .;-.',    142- 


RIVERS. 

Jrpi-Fer.r,  18  r.  Cata-Jfba,  46,  104,  i8r.  Cr'.fs 
,re:l,  23S.  Dan,  104,  61,  92,  l8t,  239.  Deep 
riv  r,  1 3 1 .  Fiflring  creek,  147.  Htrm  river,  93,  104, 
T  Si.  Meherrin,  46,  104.  Neufe,  133,  210.  Pecdte, 
46,  104,  iSr.  Ronnie,  104,  92,  119,  122, 
2io,  Rocipjb,  23  v  Ricky  rivir,  93,  104. 
Tar  riv-r,  92,  10.;,  181,  147.  Trent,  67 ,  104,  123. 
L'l'.aric-,    98,    104,    lot.      2'uckht,    104,    187. 

SEMINARIES  of  L  K  A  R  N  I  N  G. 

'  School  : J  RichLnds,  in  tnfioto,  u3.  S'x<anjl<->r<.ugh, 
118.  Currituck  academy,  423.  Davittpin  academy,  15^. 
D'Ms  academy,  IC7.  hdent'.n  Idle  o!-houfe,  62,  O3. 
Frank  I'm  academy,  193.  Gr&trville  hall  :  town  near  ir, 
yi.  Grove  academy  156.  7w««j  academy,  ic 8,  224,  248. 
Liberty  Hall,  75,  81,  its  name  aliercd  to  Salijl-wy  sea. 
demy,  143.  Marti*  rcadem}',  119.  fl.agin  .-cat's, 
my,  119.  Htwbern  Ichcol  liouie  lots  aid  pans 
of  lots,  49,  67,  incorporated  by  the  name  of  Neivlti  n  a- 
cademy,  125,  j;lebe  lots  g.ven  to  it,  172.  Pitt  sCadtmy, 
183.  Pilljooroughuc'-demy,  I90.  Richmond  acader.y, 
217.  Science  ball,  37,88,  124.  Smith's  academy,  ioi, 
157.     War  re  aim  academy,  187. 

TOWNS. 

fi.i'.'i  :  lands  verted  in  commillloners  ;  church,  lown 
ftiul  market  houfe  ;  lots  haw  taken  tip,  incloled, 
tleared  and  laved  :  hopS not  to  run  at  large;  nufanres 
to  be  removed  ;  refurvey  ;  front  lots  ;  width  of  the 
ftrcets,  1,  2,  Town  common  confirmed,  5,  6.  Inha* 
bitanis  to  workcmvth*  ftreet<,  exempt  trow  a  01  king  on 
the  roads,  7,  il-  Fence,  lafvey,  new  commifii  oners, 
Ironc  lots,  9,  ic.  Court  houi'e  relieved,  162.  Bciut- 
Jt,ri  ;  Camnnlfior.ers  ;  bmiids  ;  hogs  ;  lots  ;  tavern  keep- 
ers ,  fighting  ;  bye-laws  ;  57 — 6c>.  tlountjville  .•  erected; 
tommiilioners  ;  lots;  16^,  166.  Brunfwh'i :  comraifli- 
oners  ;  town  laid  oft  ;  church  ;  blirial  and  maik^'t  place  ; 
Jots  how  granted,  cleared  and  laved  ;  ordinary  keepers; 
faikirs ;  Id,  ii,  1 2,  14,  15,  53.  Cumpbclpoil .•  erected ; 
lots  hew  grained  and  l'^ved,  42,  43.  new  commillioners  ; 
inhabitants  exempt  from1  working  on  the  roads;  hogs  J 
town  regulated  ■,  8.1,  82  ;  Itreus  laid  out  ;  further  re- 
gulations 5  name  altered  ro  Fayettevilte  ■  Ic8  —  nr. 
Ctitrioile  ;  eftibliihed;  !ots  how  granted  and  laved  ;  di 
rectors  5  55,  5^,  ceJiiriS;  iiring  org  ms  J  inhabitants  to 
work  on  the  ltreets  ;  new  trull^es  ;  71.  ClarSef- 
Viile  ■■  erected)  commiffioners,  taxes,  169.  Chatham  ■• 
10  vn  laid  oif ;  lols  ;  co.n  niilioners  ;  86,  87.  Chddfburgi 
erected  ;  directors  ;  lots  ;  36,  37  ;  name  altered  to 
rough;  47.  Elizabeth' tron  :  erected;  lots,  how 
granted  and  laved  ;  ferry  ;  6j,  65  ;  courts  72  ;  further 
time  to  favc  U>:s,  77.  Edenton  .-  »-bat  Itock  to  be  kept 
in  tovfa,  9;  'o:s  veiled  in  c  muniliicBers,  grained  on  cer- 
tain conditions  ;  lands  made  para  of  the  town  ;  eerrirt- 
catesoflots  laved  to  b=  a  good  title  ;  firdets,  aed  publis 
-places]  cleafingof  lots  j  nufancesj  hogs;  27,  20. 
thiranies  ;  ladders  ;  public  wharves  ;  .19,  e.o  ;  Sfe 
icade  11  ,  new  commillioners  ;  lanes  ;  hogs  ; 
;  oiitiie  ltreets  ;  jj,  73  ;  fairs  ;   83,   80  ;     com- 


m:(Tioners  ;  fence  ;  clearing  cHors  ;  lirgj  ;  r«tf»  ;  trf*. 
I'urer  ;    oath  ;    101  ;    I0I6  fold  on  ncn  piyiner.t  ef   tixes  • 
taxes  recoverable  by  warrant  ;    112  ;   taxes  to  be  laid  ..ltd 
collected  as  in  Hidijix  \  176  ;  elections  cf  ccmmiflipnrs  ; 
their  oaths  aiid  qtial incaiici  s  ;   clcik  ;   to  I  e  a  bedy  polj. 
tick  ;   their  power  ;    luccefTnn;   taxes  ;   ta>Eble  f n  ca- 
ty  how  given  in  ;    ctlleclcrs  ar.d  irezlurtr  ;  ecu  n  illit  t.crs 
bock  to  be  given  in  evidence  ;  mcatorcn  tnt  of  the  town, 
irl-ere  lo  begin  ;  inero; chn.ents  en  the  flrtetf,  to  Le  re. 
moved  ;   public  lots  lealed  ;  !ots  cleared  ;    ht  gt,    geelii 
und  goats  ;  horles  not  to  be  Hi aincd  ;  ro   foe* aims  i!if- 
chirged  ;   engine-,   tuckers';     fire;    t'eilirg  with  fUves 
forbidden  ;  (laves  10  hiie  ilun.iclves  nrt'er  cerfainrellric. 
tions  ;  meeting  of  the  eomnuilici  ers  ;   tier   tcceun'.s   to 
be  pLblillicd  ;  former  laws  repealed,    2cc — 3.     fi-^iite- 
rills  :  i.an:e  ol  Lwptleicn  a'tercd  to,  108,  llretts  regula. 
led,  tJ4,  145,  reguloticn  as  to  Haver,  Ice  Wi'mirgiin  ic*n 
la'v,  i-;i,  152  :  ei  n  11  ifficners'  bilks  evic'cr.cr,  ihcir  elec- 
tion, oath,  clrik,  pov.eis,  m.-giflra:e  cf  pcliee,  ttxt?,  en. 
tre-achment  on  ltrec>f,  begs,  ci  mn.illioners,    qualficaiiors 
ai  d  extent  of  powers,  S04,    2c6:iaxrs,    liiknci?,  ccni- 
niithoncis  account  to  te  published,  218,  219  ••  price  of  in. 
fpc  cling  ardecepering  tcbatco  regulated,  236  237:  Carrfn 
/ou'«  .•  erecled  ;  ecmmiliicners  ;  lots-,  237.  likuctfter  ; 
erected  ;    nnlances  removed  ;  lets  hew  granted  and  lav- 
ed,  19.    Grecnejv'.lle  .•  il:e  name  of  Mertiribcragbalx^tfA. 
to,   189.     Holifi'x  ■■  cllnbhlhcd  ;  ccnirnillicrcrs  ;  feiry  j 
30,  31  ;  time  ;or  faving  lets  ;   wooden  chimnies .5    darY.c, 
tcrs  ;  36,  4C  ;  taiit,  88,  89,  iVceeffion  of  ccmmiliioi.ei*  . 
lots  ro  be  cleared  ;  taxes;  Jugs,  111,   112;   ccmm.flu:/ 
ers'  bocks  tube  given  in  evidence  ;  election  ofcctnn^  fi_ 
oners,  their  clei  k  $  trca'urer  ;   [lowers  ;  taxes,  174  :  ma 
gillr..te  of  police,  175  :  piazzas,  porches  and  celhr  dcora 
quahficatioii  of  comniijhoi.ers,   175,    176:    lLves    in  the* 
liberties  of  the  town  taxed,  209  :    liberties  ot   the  town, 
215:   h'uwns  t  town    laid  01 1,  lots  how  gi  anted  aid  laved, 
cleared   and  iuclofed  ;  fairs,   12,  13      Hcrtjlrd.-    tewn  e. 
fected,  lots  how  granted  and  laved,  directors,  court-  lie  u(e, 
ferry,  33,  34  :     time  to  lave  lols  enlarged,  v.  0.  den  chim- 
nies, duiies,  55,  54  :  lots  veiled  '11  grantees,  lapled  iotf» 
relurvey,  commons,  ovcifcer  of  the  lireets,  hops,  ferry, 
6c,  66j    67.     hH'/loroitgh  .»    erected,    cruris,    lo'.s  hov/ 
granted   and   laved  :     hogs,    puSlfc    1  fhces,     diridtcrs  : 
47,48,49:   to«n  confirmed,  new.  cominil!:oneis,  taxes: 
hogs,  hre  :  eltition    ol  Ibture    ecmmiliicners   :   74,   7^, 
furtlier  time  to  lave  lots,  92  :   church  oren  for   minitters 
bf  all  delcfipiioiis  :     fpifcopahans     (Oi'je  how   prettired- 
125     -church  tiled  aSa  fchool,   12^  :   i/nd  for  General  Af, 
feinbly,   125:   tha    commillion;  rs    becks  to  be    evidence; 
their  clerk  .nd  no. ve.-*,   taxes,   (urve\-,    172:    comir.iHioi:- 
ers  and  magistrate  of  police,  217  :  James -Town,  crecteclj 
commillioners,  lots,   167  :  John/ten,  town  laid,  lets  hi 
conveyed,   cleared,  iuclofed  and  laved,  nufancts  to  be  re- 
moved,    7   :    Johntlot.ville,      comruifl/oneis,  lots  ;   220 
June/borough,  coaimiflioners,  Ijts,  97,  93  :  Ki-igfion,  et- 
eetfid,  difecters,  lot's  lio.v  granted  aud  laved,  to  revert  ;o 
the  proprietor  fi-c  lick  ofheirs  or  devifecs,  41,   42  :  rami 
altered  to  Kir/Ion,  Bew  comtnifliorers,  county  butiicl's  to 
be  done  the»  e,  overl'eer  of  theftreets,  hogsj   1  Sp,    J  30  : 
Lea/burg,  commiflionei s,  lo:s,  fprings,  222:  tewi/butg) 
laid  oft",  lo:s,  commillionerr,  o.|,  9s  :  Lincointon,  erected, 
ccmmiilionei",  lots,  J6«  :  Li/burn  town  erected,  lots,  16?  i 
Lumbctiott,  erc-^tcd^  commillioners,    lo;s,    2^1  ;  j.. ''^"* 


•fifing',  cr-"£ted,  l;t?i  6";:  ciyjrts,  nnTancw,  coii^ilTi. 
oners,  72  170  :  name  a'tered  10  Cr.c>t,-/zilley  189  : 
M"  i-rtvi  /?,  erected,  CDntinjlfioin  rs,  lot;..  168:  new  co  n. 
l,]ifujncT,  iBJt!  [vlidditt'Al,  erected,  cnimJiirinsis,  lo.s, 
212;  Miiganb'jtzi'gh  erected,  com'io'ii.ner-,  ).i:s,  124: 
rauie  ah' red  to  i\iorpa  1  :  grant  lor  public  buildinga, 
co  iim'ii'i  i;.:rs,  146:  certain  lots  evcaded,  170  :  illufy 
fr&fbSri'igb,  tre:ud,  aKnmflhners,  lots.  185  •  Softy  lis, 
erected,  lots,  commilfioncrs,  130  :  Neyxbern,  ion  n 
■elhb'ilh'd,  church,  court  hou'c,  marketplace,  lots  to 
•revert  10  the  proprietor,  when,  $  ;  ch'arcii  iois  laved,  old 
'<hur<-h  lot  fold,  7:  comjiiJiM.,;',,  i.,h'N<t<n.s  ftxsqapt 
f/oai  W&rking  on  the  roads,  lots  iuw  gi  anted  aod  favcd, 
■y/ater  lots  paTudf  the  town,  2o,  2:  :  llieriif  10  In  Id  a 
poll  for  the  ekcV.on  cf  con  miffionm)  38  j  lee  iV  a,'/,rM 
-Academy,  taxes,  63  :  George  itreet  ,•  plan  63,  64  :  furmer 
ucls  confirmed,  comrn'Mianers'  b..ok  given  in  evidence, 
cleition  ;  treasurer  •,  oath,  clerk;  cjuaLficatiotis,  meet- 
ings, tax.es  ;  ])lan  cf  the  town;  beginning;  Front  and 
Eden  ftreets  ;  iurtherland  veiled  in  comniithoners  83 — 86, 
ihves  ;  warrants  ;  JSden  ftreet, -I  7 1  :  Nrji-fcx-ter,  town 
t reeled,  coaimifiioners,  iuifa:icesreinovabK>,lo:s  how  grant- 
ed, cleared,  encloledand  lavid,  17,  :  NeM-Pirt,  erected, 
toimuillio.iers,  lots,  227:  Nc^loivn  n\  An/on  :  eiia'o- 
liihed  ;  cooiniilhoners  ;  lots,  120,  nape  altered  to  Ifady- 
iorougb,  214  :  Newtown, \n  Onflow,  name  altered  to  Swanf 
■loroitgb,  118  :  Ntxonton,  town  erected,  lots  how  granted 
and  laved,  drecrors,  34,  35  :  Pafquotank  court  houle 
removed  there,  138  :  P' it tfbo'ough,  town  iaid  iff,  com 
oners  lots  ;  86,  87  :  Portjmwth,  tommiilionrrs,  lots,  16  : 
Princeton  :  erected,  co  mmiffioners  183,  184  ;  lots,  214. 
Richmond,  conmiillioners,  lets,  05  :  Rcckj'.rd,  com- 
miflionerf,  245  :  Rock'mghan,  erected,  129:  Rogtrfvills, 
comaiiflioners,  232  :  Rutherford,  coirtmiffi'onen  lots, 
2«8  :  Salijbwy,  boundaries,  public  bufiuefs,  inhabitants 
to  work  on  the  itreets,  comtniUioners,  piazzas,  ho^s, 
buckets,  ladders,  horfes,  waggons,  Iprir.gs,  lots,  60,  62  : 
.election  of  commilli«ners,  the.r  power,  clerk,  taxes,  ma- 
-giftriue  of  police,  incrcachment  on  the  Ilreets,  176,178: 
.jnipection  of  tobacco  ;  difputes  refpecling  boundaries  of 
lo  s,  town  furveyor,  1 8c,  208,  209.  Surtclo  :  erected, 
tomm'llioners.  179.  Smhi fidd,  town  laid  off.  lots,  direct. 
est, 73,  99,  iqo  :    St.itefviihf  ccmmiflloners,  226,  227  : 


Swtrrficrc!'"'),  name™  of-VfWfOTWf  altrrctl  to,  (Veets  t   .«, 
cd,  nuhtices,   comrhiilioucrsj     1  s  8,  1  i;)  :   '/<;■ /v.- :■,;/',_ 
reeled,   oiit\l;'i,    lo  s iitOW  ; a.em  d  and    iavc-.l,   3.7,    3U 
further  thue  to    he   lo:1-,   coriiYiiiBioners   tcfltjl   certain" 
lo:s,   8),    81   :   111     .  Work   on   the  ftreijti,   over- 

leer,  o'round  ten* on  pjaz^us,  taxes,  Collectors^  h?hibi£- 
e'ork'rng  0:1  the  roids,  comminjpne"i  s, 
iMiiidings,  falc  bk.yicanj  Idts,  i^,  1^4:  furjrey  and 
nev  phui,  taxes,  part  of  former  aTt  repealed,  183  :  7ry«. 
f»»ere  ■        kfiuv.  rs\  lots,  publ  c  bnitui.ijji  of  7i/.-<\f, 

127,   1  jo  :    ■  .'       ,'  ■ .'',  name  of  ftewtm  ivi^Mi/bh',  ..'. 

tered  to,  214:  ll'alk  ffbvrg,  comm'fuiinji  s  1  o;s,  j  27  : 
Warrenton,  commiflibners,  lots;  01  :  Jya/oinglhtlereSteQ  \ 
lois  ;  ro'.iimiliioners ;  103,  104:  eplgr-gcd,  131,  tax-'  s, 
Jiogs  132,  r^  gn'.aii  in  as  to  (L.vis,  as  in 'IViltmng^,n'Si6\va 
.law,  151,  152  :  IVtijf  lybotoiigi},  potninjffibner  ,  lots,  103  : 
IViUiamJlorriugh,  conimiinpner's,  lots,  '194,  195:  I','i'm 
Punvnin,  coniuiiJipners,  lot  ,96,97  -.Wilmin'gttn :  church 
1  2>  ]4»  57  :  bfii'.ios  cf  tlie  town,  public  bulinefs 
8i  d  ■  .rticcs  dov.e  and  kept  there,  prcce,e8!ngs  v.  here  houfes 
;ire  bu  It  i  n  the  lite^ac  or  o  !v.r  people's  ground,  pl^n,  m--- 
lances,  inhabitants  not  to  work  on  road-,  lets  cleared 
an  J  drained,  fire,  engines',  conimllioners,  ordinary  keap. 
cr^,  l.ilors,  23 — 2d:  faiiS/o,  79-  taxss,  fire  er,;<i  ;  , 
cOBitnillioners  inceiporaisd,  wharls,  (laves  not  to  keep 
hou  esj  election  of  comniillioners,  133  :  new  ft-eets  laid 
out,  taxes,  commirTianefs  may  build  and  rent  cell  its  under 
market-place,  150  :  ihves  under  what  reilncbons  jier- 
mittc-d  to  hire  tliemlelves  or  exercife  any  trade,  to  wear 
badges,  Ire;  perions  to  wear  badges,  net  to  ti.itle  -v;'.tli 
Ihves,  penalty.,  151,  152:  each  c6m;iiiflioner,s  ve"tfed 
with  power  10  act,  235  :  part  ct  act  repealed  241' s  «<Ss 
confirmed,  247  :  Wimbcrlj  :  ercfted  lots  15,  16  :  H'inr'/j/^ 
crec"ted,  ditectors,  lots,  hogs,  cojits,  J4,  5^  :  time 
to  l.t ve  lots,  enlarged,  92  :  tobacco  inflection,  1 64  :  SaUf- 
bury  tiwii  law  extended  to,  173  :  IFinton  .-  eifibli'fll'ed, 
lots  how  granted  ^nd  laved,  directors,  terry,  56,  ^7,  time 
to  favc  lots  enhrf>;ed,  92  :  Woodcock  :  lots,  church, 
commiiiioners,  nulances,  6,  7. 

V  E  R  M  I  N 

Dcflruction  of,  in  certain  counties,     172,  190,  214,  255. 


PUBLIC       MATTERS. 

Criminals  to  be  confined  in  th;  diflrict,  and  not  in  the  county  jail}  1  76. 
Debtors  to  be  confined  in  the  diftrict  jail,  when  there  is  no  county  jail,  176. 

County  courts  impowered  to  receive  and  record  the  names  given  to  natural  children,  211, 

ConirailTioiiers  ci  public  buildings,  fpeedv  procefs  againft,  144. 


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